BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 1206
Author: Walters (R)
Amended: 5/1/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/24/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Child abduction prevention
SOURCE : Bring Abducted Children Home (BACHome)
DIGEST : This bill prohibits parents in a dissolution
proceeding from applying for a passport or replacement
passport for the minor child or children without prior
written consent from the other parent or a court order.
ANALYSIS : Existing law requires, upon application for
dissolution or legal separation, that the summons contain a
temporary restraining order (TRO) restraining both parties
from removing the minor child from the state without the
prior written consent of the other party and an order of
the court. (Family Code Section 2040(a)(1))
This bill adds that in a dissolution proceeding parents are
also restricted from applying for a passport or replacement
passport for the minor child or children without written
consent from the other parent or a court order.
CONTINUED
SB 1206
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Background
The Synclair-Cannon Act was passed by the California
Legislature in 2002 in response to child abductions by
parents (AB 2441 (Bates), Chapter 856, Statutes of 2002).
The Synclair-Cannon Act took a preventive approach,
requiring courts in custody or visitation proceedings to
consider specified factors indicating a risk of abduction
and to consider implementing specified preventive measures.
Over the past decade, these provisions of existing law
have dictated the standard California courts use to
determine and impose necessary restrictions when a risk of
parental child abduction exists.
International child abductions are challenging to prevent
with state law alone. Accordingly, federal law and
international agreements have attempted to address this
problem. Despite lawmakers' efforts, parental child
abductions to foreign countries have almost doubled since
2006. The U.S. Department of State received 1,135 new
requests for assistance in the return of 1,621 children to
the U.S. in 2009. (U.S. Department of State, Report on
Compliance with the Hague Convention on the Civil Aspects
of International Child Abduction,
(2010) (accessed April 20, 2012).) According to the
author, in 2011, 60 international abduction cases involving
84 children were opened in Orange County, California alone.
This bill seeks to add protections to existing law to
further prevent international parental child abduction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/16/12)
Bring Abducted Children Home (BACHome) (source)
Children's Rights Council of Japan
RJG:mw 5/16/12 Senate Floor Analyses
SB 1206
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SUPPORT/OPPOSITION: SEE ABOVE
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