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Under
SB 1482, which will be voted on by the California
Senate Judiciary Committee next Tuesday (April 25),
a parent seeking to block a move is specifically prohibited
from citing most of the evidence that could provide
a basis for restraining the move. Nonmoving parents
are prevented from citing the move's impact on their
children's relationships with them or the effects of
the children losing their schools and friends. This
directly abrogates current California case law which
says that the children's relationship with their nonmoving
parent must be considered when deciding a relocation
case.
SB 1482 is an attempt by the extremist Coalition
for Family Equity and misguided feminists to reverse
the progress made on behalf of California's children
of divorce over the past two years. From 1996 to 2004
move-away determinations were based on the Burgess
decision, which was interpreted by California courts
as conferring unlimited move-away privileges. Under
Burgess the bonds between tens of thousands of
children and their noncustodial parents were needlessly
ruptured.
The California Supreme Court addressed
the problem in the
LaMusga
decision in April, 2004 by making it clear
that courts can prevent children from being moved when
it is detrimental to their interests. Among the factors
deemed important were the relationship between the child
and the nonmoving parent.
In the summer of 2004 then Senate President
John Burton, one of the most powerful people in California,
introduced SB 730, a bill which would have granted custodial
parents an almost unlimited right to move children far
way from their noncustodial parents.
We organized opposition to SB 730, and
thousands of you wrote and called Sacramento to oppose
the bill. Our campaign gained
widespread
media attention and was endorsed by numerous mental
health and family law
professionals.
Burton surprised Sacramento insiders by
withdrawing
the bill a few weeks later.
Today we must again fight to preserve
the relationships children of divorce share with their
mothers and fathers. To voice your opposition to
SB 1482, click
here. By filling in the form, you will be both
faxing and emailing Sacramento. Also, we suggest you
call the members of the committee--the phone numbers
are
here.
California family law has a huge influence
on other states, and parents all over the United States
have a large stake in what happens here. I hear every
day from devastated parents who lost their children
in the aftermath of the misguided Burgess decision.
I often hear from parents whose relationships with their
children were saved by the LaMusga decision.
The
Alliance for Children Concerned About Move-Aways,
which we originally formed to defeat SB 730, is working
with the
California
Alliance for Families and Children to defeat
SB 1482. Again, to take action, click
here.
Best Wishes,
Glenn Sacks
Alliance for Children
Concerned About Move-Aways
GlennSacks.com
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From a Glenn Sacks action alert... passing it along, of particular interest to CA residents: