AB 365, as amended, Cristina Garcia. Child custody proceedings: testimony by electronic means.
Existing law authorizes the court in a child custody proceeding to permit testimony by telephone, audiovisual means, or other electronic means when a witness or party resides in another state. Existing lawbegin insert alsoend insert requires a court to permit a party to present testimony and participate in court-ordered child custody mediation by electronic means when the party’s military deployment has a material effect on his or her ability to appear in person, to the extent that this technology is reasonably available to the court and protects the due process rights of all parties.
This bill would require the courtbegin delete in a child custody proceedingend delete to allowbegin delete anyend deletebegin insert
aend insert partybegin insert whose deportation or detention by the federal Department of Homeland Security materially effects his or her ability to appear in person at a child custody proceedingend insert to present testimony and evidence and participate inbegin delete court-orderedend deletebegin insert mandatoryend insert child custody mediation by electronic means, including telephone, video teleconferencing, orbegin delete the Internet, consistent withend deletebegin insert other means, to the extent that this technology is reasonably available to the court and protectsend insert the due process rights
of all parties.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 3012 is added to the end insertbegin insertFamily Codeend insertbegin insert, to
2read:end insert
(a) If a party’s deportation or detention by the United
4States Immigration and Customs Enforcement of the Department
5of Homeland Security will have a material effect on his or her
6ability, or anticipated ability, to appear in person at a child custody
7proceeding, the court shall, upon motion of the party, allow the
8party to present testimony and evidence and participate in
9mandatory child custody mediation by electronic means, including,
10but not limited to, telephone, video teleconferencing, or other
11electronic means that provide remote access to the hearing, to the
12extent that this technology is reasonably available to the court and
13protects the due process rights of all parties.
14(b) This section does not authorize the use of electronic
15
recording for the purpose of taking the official record of these
16proceedings.
Section 3012 is added to the Family Code, to
18read:
In a proceeding to determine the custody of a minor
20child, the court shall, upon the request of a party, allow the party
21to present testimony and evidence and participate in court-ordered
22child custody mediation by electronic means, including, but not
23limited to, telephone, video teleconferencing, or the Internet,
24consistent with the due process rights of all parties.
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