Monday, April 12, 2004

California Senate Bill 1367

While the LaMusga move away case continues to be debated in the California Supreme Court, California Senate President Pro Tem John Burton is attempting to push a bill through the legislature that will make it easier for custodial parents to move. The bill states that a parents petition to move "cannot be frustrated by undue delay," effectively eliminating the courts ability to do an thorough and in-depth evaluation as to the needs of the child. Read the entire Glenn Sacks article here: MichNews.com

Contact John Burton from his website.

Senator Burton is a democrat, as is the majority of the California Senate. The most recent bill that Senator Burton passed through the legislature was in Oct 2003 and reads as follows:
BILL NUMBER: SB 156 CHAPTERED
BILL TEXT

CHAPTER 674
FILED WITH SECRETARY OF STATE OCTOBER 6, 2003
APPROVED BY GOVERNOR OCTOBER 5, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
PASSED THE ASSEMBLY SEPTEMBER 4, 2003
AMENDED IN ASSEMBLY SEPTEMBER 2, 2003
AMENDED IN SENATE MAY 13, 2003

INTRODUCED BY Senator Burton

FEBRUARY 11, 2003

An act to amend Section 7501 of the Family Code, relating to child
custody.



LEGISLATIVE COUNSEL'S DIGEST


SB 156, Burton. Custody: residence of the child.
Existing law provides that a parent entitled to the custody of a
child has a right to change the residence of the child, subject to
the power of the court to restrain a removal that would prejudice the
rights or welfare of the child. Existing law, as established in In
re Marriage of Burgess (1996) 13 Cal.4th 25, provides that when a
judicial custody order is in place, a custodial parent seeking to
relocate bears no burden of establishing that it is necessary to do
so.
This bill would state the intent of the Legislature to affirm the
decision in the case described above and to declare that ruling to be
the public policy and law of this state.


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


SECTION 1. Section 7501 of the Family Code is amended to read:
7501. (a) A parent entitled to the custody of a child has a right
to change the residence of the child, subject to the power of the
court to restrain a removal that would prejudice the rights or
welfare of the child.
(b) It is the intent of the Legislature to affirm the decision in
In re Marriage of Burgess (1996) 13 Cal.4th 25, and to declare that
ruling to be the public policy and law of this state.


Obviously it is his intent to slowly erode any claim that a non-custodial parent has to their child.

You can contact all members of the California Senate on the Senate website. The following are Republican Senators: Brulte, Poochigian, Aanestad, Ackerman, Ashburn, Battin, Denham, Hollingsworth, Johnson, Knight, Margett, McClintock, McPherson, Morrow and Oller.

This is not to say that we have a preference for Republicans, only that considering a Democrat is pushing through this horrific legislation, we should expect the most support from a Republican counterpart.

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