Message from the Chair

• Jurisdiction: California,United States
• Author: Raymond Goldstein
• Publication year: 2015
• Citation: Vol. 37 No. 3

Message from the Chair

Raymond Goldstein

Service and Civility

"Oh, no, he's going to ask me to volunteer for something again." I know, I've asked a lot over the last year: We've discussed mentoring young attorneys, and volunteering at family law centers and non-profits. I've asked you to participate with your local State Bar Family Law Standing Committees to review legislation, and I've asked you to not just attend educational events but present them, too. Although there's more to ask and more to do, you've done a great job, so for now at least, take the day off. I think I'll take a day off soon too!

My term as chairman of our Family Law Section is approaching its end. I am humbled and so very thankful, not only for the honor, opportunity, the challenge of serving and for the multitude of lessons I've learned, but also for the privilege of serving with this group of passionately dedicated and prodigiously talented family law attorneys.

Far too many printed megabytes would be required to adequately acknowledge all members of FLEXCOM and each of their many contributions over the last year. However, we simply cannot allow this edition to pass without certain acknowledgments, beginning with members who are completing their three-year term on FLEXCOM. First, to Deborah Wald, of San Francisco, completing this year as co-chair of Public Relations. Deborah's expertise in assisted reproduction, multiple parentage, adoption, and a host of other contemporary family law topics proved invaluable during legislative analysis. It was fortuitous, indeed, to have Deborah serving during this 2015 term: She was the perfect person to organize and moderate, on short notice, a Webinar presentation of nationally recognized experts discussing the reasoning and implications of the SCOTUS historic same-sex marriage decisions. (Still available for viewing at Calbar.Inreachce.com and highly recommended!) Thank you, Deborah!

After raising the bar for Affirmative and Developing Legislation, Committee Chair Minouche Kandel, also of San Francisco, completes her three-year term of service to our Executive Committee. This is not a misprint: This year, Minouche and her team have ushered through to enactment three (3) separate pieces of section-originated legislation. With guidance (and more) from longtime FLEXCOM advisors (really, household names around here - if not everywhere) Dianne Fetzer and Michele Brown, these three new bills add substantive improvement and continued clarity to our statutory framework in a variety of ways. AB 439 creates a mechanism whereby the court and a protected party may remain informed of a restrained party's enrollment, attendance, and completion reports, directly from the batterer's program. AB 536 brings clarity to the law which, by July 1, 2016, will be translated into plain English on Judicial Council forms advising that written evidence contained with a responsive pleading does not satisfy the party's obligation to present evidence of abuse or domestic violence, when mutual restraining orders are sought. Finally, SB 340 addresses a problem that, while somewhat less common, is certainly more difficult and costly to correct than it need be. Namely, how does one comply with service requirements of the preliminary declaration of disclosure, when service of the summons and complaint was by publication, followed by default? Problem solved. Service of PDD, under such circumstances: no longer required. See amended Family Code §2103, brand new and in print near you, in 2016! Oh, and don't get me started on all the other section-originated legislation that is moving through the legislative process (e.g. AB 494 - extending civil RO protection to animals of...