BILL NUMBER: AB 2689	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Assembly Members Feuer
(Chair), Atkins, Dickinson, Huber, Monning, and Wieckowski)

                        MARCH 13, 2012

   An act to repeal Section 3151.5 of the Family Code, relating to
child custody and visitation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2689, as introduced, Committee on Judiciary. Family law: child
custody and visitation.
   Existing law governs determinations of child custody in
proceedings for dissolution of marriage, nullity of marriage, legal
separation of the parties, petitions for exclusive custody of the
child, and under the Domestic Violence Prevention Act. Under existing
law, a court is authorized to appoint private counsel to represent
the child's interests in a custody or visitation proceeding if the
court determines that appointing counsel would be in the best
interest of the child. The child's appointed counsel is required to
gather and present facts that bear on the best interest of the child,
including the child's wishes if the child so desires. Under existing
law, the court is required to consider a statement of issues and
contentions of the child's counsel when the court determines custody
or visitation.
   This bill would eliminate the requirement that the court consider
a child's attorney's statement of issues and contentions when the
court determines custody or visitation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3151.5 of the Family Code is repealed. 

   3151.5.  If a child is represented by court appointed counsel, at
every hearing in which the court makes a judicial determination
regarding custody or visitation the court shall consider any
statement of issues and contentions of the child's counsel. Any party
may subpoena as a witness any person listed in the statement of
issues and contentions as having provided information to the
attorney, but the attorney shall not be called as a witness.