BILL ANALYSIS �
SB 1206
Page 1
SENATE THIRD READING
SB 1206 (Walters)
As Amended August 6, 2012
Majority vote
SENATE VOTE :37-0
JUDICIARY 9-0 APPROPRIATIONS 17-0
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|Ayes:|Feuer, Wagner, Atkins, |Ayes:|Fuentes, Harkey, |
| |Dickinson, Gorell, Huber, | |Blumenfield, Bradford, |
| |Monning, Wieckowski, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones | | |
| | | | |
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SUMMARY : Limits passport application for children during
dissolution proceedings and allows a court to order the freezing
of certain assets when it issues a protective custody warrant
for a child. Specifically, this bill :
1)Provides that, in a dissolution proceeding, parents are
restricted from applying for a passport or replacement
passport for any minor child without written consent from the
other parent or a court order.
2)Provides that a protective custody warrant issued by a court
to secure the recovery of an unlawfully detained or concealed
child may also contain an order to freeze the California
assets, defined as funds held in a California financial
institution, of the party alleged to be in possession of the
child. Provides that any order to freeze assets may, upon a
noticed motion, be terminated, modified or vacated by a court.
EXISTING LAW :
1)Requires, upon application for dissolution or legal
separation, that the summons contain a temporary restraining
SB 1206
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order (TRO) restraining both parties from removing the minor
child from the state without the prior written consent of the
other party or an order of the court.
2)Requires, under the Uniform Child Custody Jurisdiction and
Enforcement Act, state courts to respect and assist in the
enforcement of valid custody orders of other states and
countries, including assisting in the recovery of children
abducted by noncustodial parents.
3)Implements, under the federal International Child Abduction
Remedies Act, the Hague Convention on the Civil Aspects of
International Child Abduction, which requires signatory
countries, including the U.S., to return abducted children to
the state or country of lawful custody.
4)Requires a court, in cases which the court becomes aware of
facts indicating a possible risk of abduction, to determine
whether measures are needed to prevent the abduction of a
child. In determining whether a risk of abduction exists,
requires the court to consider, among other things, whether a
party:
a) Has previously committed or threatened certain actions,
including taking or concealing a child in violation of
another person's custody rights;
b) Lacks strong ties to this state;
c) Has strong ties to another state or country, including
foreign citizenship;
d) Has no financial reason to remain in this state;
e) Has engaged in planning activities that would facilitate
a child's removal from the state;
f) Has a history of lack of parental cooperation, domestic
violence, or child abuse; and,
g) Has a criminal record.
5)Provides, if the court makes a finding that there is a need
for preventative measures after considering the factors in 4)
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above, the court must consider taking one or more of the
following measures to prevent abduction of the child:
a) Ordering supervised visitation;
b) Requiring a parent to post a bond;
c) Restricting either parent's right to remove the child
from the county, the state or the country;
d) Restricting the custodial parent's right to relocate
with the child, as specified;
e) Requiring the surrender of passports and prohibiting a
parent from applying for a new passport for the child;
f) Requiring a party to register a California order in
another state as a prerequisite to allowing a child to
travel to that state;
g) Requiring a party taking a child on a foreign visit to
provide the child's travel itinerary, copies of round-trip
airplane tickets, a list of addresses and telephone numbers
where the child can be reached at all times, and an open
air ticket for the left-behind parent in case the child is
not returned; and,
h) Authorizing law enforcement assistance.
6)Provides that upon request of the district attorney, the court
may issue a protective custody warrant to secure the recovery
of an unlawfully detained or concealed child.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation would be minor
and absorbable within existing resources.
COMMENTS : The Synclair-Cannon Act, passed by the Legislature in
2002 in response to child abductions by parents, takes a
preventive approach to preventing abductions, requiring courts
in custody or visitation proceedings to consider specified
factors indicating a risk of abduction and implement specified
preventive measures. (AB 2441 (Bates), Chapter 856, Statutes of
2002.) Over the past decade, these provisions have dictated the
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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. This bill seeks to
add protections to existing law to further prevent international
parental child abduction.
Under existing law, parties in dissolution or custody
proceedings must obtain consent from the opposing party or an
order from the court before taking a child out of state. This
bill restrains parents from applying for a new or replacement
passport for a minor child without either the prior written
consent of the other parent or a court order authorizing the
application. This provision adds a layer of protection against
international child abduction without burdening the family law
courts.
Current law provides that a court, at the request of a district
attorney, may issue a protective custody warrant for a child who
has been abducted. This bill authorizes the court to include in
the protective custody warrant an order to freeze the assets of
the party alleged to be in possession of the child. The
author's intent is to prevent a party alleged to be in unlawful
possession of a child from having immediate access to money,
thereby making continued concealment of the child more
difficult.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0004629