We are pleased to be able to provide the following report on pending family law legislation that relates to or impacts child custody cases, prepared by family law attorney Jill Barr.
Links to the bills themselves are provided at the end of each summary. (If you click the link provided, the “today’s law as amended” tab on the http://leginfo.legislature.ca.gov website is the best option for seeing the strike-through of existing law, amendments and new language.)
Bills pending in Assembly
AB 1987
This bill amends Family Code section 6320 which is related to domestic violence, by adding a provision that allows courts to restrain a party from remote controlling connected devices in the home of the party seeking a restraining order.
This bill has passed Assembly Judiciary Committee and is pending in other related committees.
Link
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2044
AB 2197
This bill would establish a child custody workgroup to “study state child custody court proceedings, study available science and best practices to children in traumatic situations, and make recommendations to the Legislature, no later than January 1, 2023, about how courts can incorporate the latest science and legal determinations regarding the safety and well-being of children and other victims of domestic violence into court proceedings.” The bill contains a list of individuals to be appointed to said workgroup.
This bill is still pending in Assembly Judiciary Committee. There is no hearing date scheduled.
Link
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2274
AB 2338
This bill seeks to amend CCP 1218 by specifying that courts may grant probation or conditional sentence in lieu of community service when sentencing in contempt matters.
This bill is still pending in Assembly Judiciary with no hearing date scheduled.
Link
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2296
AB 2745
This bill was introduced to repeal Family Code section 7643 which makes Parentage actions confidential.
The bill has been amended to state that it only applies to cases filed after January 1, 2022 and it excludes assisted reproduction/surrogacy cases.
This bill has passed through Assembly Judiciary Committee.
Link
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2684
Bills pending in Senate
SB 927
This bill seeks to have the Judicial Council publish and update annually marriage brochures with detailed information concerning community property laws and rights, as well as support and custody issues.
This bill is still pending in Senate Judiciary Committee with no hearing date set.
Link
http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB2694
SB 1141
This bill was recently presented via a gut and amend. It seeks to amend various Family Code provisions, including 3044, 6203 and 6320. It adds Family Code section 6204. The bill adds “coercive control” as an act of domestic violence.
This bill is pending in Senate Judiciary Committee and is set for hearing on May 22, 2020.
Link
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB954
SB 1253
This bill seeks to allow courts, in domestic violence actions, to order a restrained party to participate in a mental health program.
This bill is still pending in Senate Judiciary with no hearing date set.
Link
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB1089
Jill L. Barr is a Certified Family Law Specialist and a Fellow with the American Academy of Matrimonial Lawyers. Ms. Barr has served on many local and state family law boards/committees, including as President of the Association of Certified Family Law Specialists and Chair of the State Bar Family Law Section Executive Committee. She is a partner with Hemmer l Barr LLP in Sacramento County.