BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 402|
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THIRD READING
Bill No: AB 402
Author: Dymally (D)
Amended: 8/24/06 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-0, 6/27/06
AYES: Dunn, Escutia, Harman
NO VOTE RECORDED: Morrow, Kuehl
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Collaborative Family Law Act
SOURCE : Author
DIGEST : This bill enacts the Collaborative Family Law
Act, which: (1) statutory authorization allowing parties
to enter into the collaborative process, including a
definition of that process; (2) a Judicial Council
information sheet for parties involved in child custody and
visitation matters; (3) the aforementioned work group,
convened by the Senate and Assembly Judiciary Committees;
and (4) require a court, upon request, to issue a statement
of decisions explaining the factual and legal basis for a
child's custody determination.
Senate Floor Amendments of 8/24/06 replace substantive
portions of the bill with a working group that is to make
CONTINUED
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recommendations for a comprehensive statute governing the
practice of collaborative law, and (2) add intent language.
ANALYSIS : Existing law establishes procedures related to
proceedings for dissolution of marriage, nullity of
marriage, and legal separation, as specified.
This bill enacts 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 also requires 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 also requires 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.
The bill specifies that:
1.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.
2.Members of the working group shall include the following:
A. Family law attorneys, including members of the
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Executive Committee of the Family Law Section of the
State Bar.
B. Representatives from the judicial, executive, and
legislative branches.
C. Members of the public.
3.The working group is requested to complete its
deliberations by January 1, 2007.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/06)(unable to reverify 8/26/06)
Collaborative Council of the Redwood Empire
Collaborative Divorce Solutions
Collaborative Practice California
Executive Committee of the Family Law Section of the Los
Angeles County Bar Association
Family Law Section of the State Bar of California
Los Angeles Collaborative Family Law Association
Sacramento Collaborative Practice Group
ARGUMENTS IN SUPPORT : According to the author's office,
this bill would "recogniz[e] and encourage[e] the process
of collaborative law as a legitimate means by which to
resolve and complete dissolution proceedings." The
collaborative law process, according to the author, seeks
to "maximize settlement options for the benefit of both
parties and children and to minimize or eliminate the
negative economic, social and emotional consequences of
litigation."
Accordingly, the author contends that if this bill is
enacted, "more practitioners will look to the collaborative
model and the judiciary will put their weight of approval
behind the process. Having such a statute in California
will give this method of resolving a dissolution
legitimacy, which will insure judges support it and
encourage more practitioners to use it."
Echoing those same comments, one supporter states that
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"[t]hose of us who use [Collaborative Practice] to resolve
conflict had hoped that this statute would help to
normalize and legitimize [Collaborative Practice], in much
the same way as the adoption of mandatory mediation of
custody disputes helped make mediation a well-accepted
dispute resolution mode." The Family Law Section of the
State Bar, supporter, further states that "[i]t is believed
that if this statute was in place, more practitioners will
look to the collaborative model and the judiciary will put
their weight of approval behind the process."
RJG:nl 8/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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