BILL NUMBER: AB 402	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 19, 2006
	AMENDED IN SENATE  APRIL 26, 2006
	AMENDED IN SENATE  APRIL 18, 2006
	AMENDED IN ASSEMBLY  MAY 2, 2005

INTRODUCED BY   Assembly Member Dymally

                        FEBRUARY 15, 2005

   An act to add Sections 2013 and 3022.3 to, the Family Code,
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 402, as amended, Dymally  Family law court: marriage.
   Existing law establishes procedures related to proceedings for
dissolution of marriage, nullity of marriage, and legal separation,
as specified.
   This bill would enact the Collaborative Family Law Act, which
would allow the parties to those proceedings, by written agreement,
to utilize a collaborative law process, as specified, rather than an
adversarial judicial proceeding to resolve those disputes.
   The bill would also require a court to issue a statement
explaining the factual and legal basis for its custody decision upon
the trial of a question of fact in a proceeding to determine the
custody of a minor, upon the request of either party.
   The bill would also require the Judicial Council to create an
information sheet for parties involved in child custody and
visitation matters, as specified, on or before January 1, 2008.
   The bill would also request the Committees on the Judiciary of the
Senate and Assembly to study and make recommendations for a
comprehensive statute governing the practice of collaborative law, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known and may be cited as the
Collaborative Family Law Act.
  SEC. 2.  Section 2013 is added to the Family Code, to read:
   2013.  (a) If a written agreement is entered into by the parties,
the parties may utilize a collaborative law process to resolve any
matter governed by this code over which the court is granted
jurisdiction pursuant to Section 2000.
   (b) "Collaborative law process" means the process in which the
parties  and  any professionals engaged by the parties to
assist them agree in writing to use their best efforts and to make a
good faith attempt to resolve disputes related to the family law
matters as referenced in subdivision (a) on an agreed basis without
resorting to adversary judicial intervention.
  SEC. 3.  Section 3022.3 is added to the Family Code, to read:
   3022.3.  Upon the trial of a question of fact in a proceeding to
determine the custody of a minor child, the court shall, upon the
request of either party, issue a statement of the decision explaining
the factual and legal basis for its decision pursuant to Section 632
of the Code of Civil Procedure.
  SEC. 4.  (a) The Judicial Council shall create an information sheet
for parties involved in child custody and visitation matters that
informs the parties that they have the right to agree to a custody or
visitation arrangement, that if they do not agree, they will be
required to participate in child custody mediation, and that if
mediation does not result in an agreement, the court will be required
to make a determination on the custody issues.  The sheet shall also
provide information on how to obtain assistance in resolving a
custody case, including, but not limited to, information on finding
an attorney, information on accessing court based self-help services
if they are available, and information regarding other sources of
assistance in developing a custodial agreement. The Judicial Council
shall adopt this sheet as a statewide form on or before January 1,
2008, and take reasonable steps to ensure that it is distributed
statewide and made available to litigants in custody matters.
   (b) Funding for creating the notice described in this section
shall be derived from existing resources.
  SEC. 5.  (a) It is the intent of the Legislature that legislation
be enacted during the 2007-08 legislative session to provide a
procedural framework for the practice of collaborative law, as
described in Section 2 of this act. Towards that end, the Committees
on the Judiciary of the Senate and Assembly are requested to convene
a working group to study and make recommendations for a comprehensive
statute governing the practice of collaborative law.
   (b) Members of the working group shall include the following:
   (1) Family law attorneys, including members of the Executive
Committee of the Family Law Section of the State Bar.
   (2) Representatives from the judicial, executive, and legislative
branches.
   (3) Members of the public.
   (c) The working group is requested to complete its deliberations
by January 1, 2007.