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| Date: From: Subject: | 2/7/2007 5:23:06 PM Home School Legal Defense Association Washington--Bills Allow Court to Order Grandparent Visitation |
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====================================================================== From the HSLDA E-lert Service... ====================================================================== February 7, 2007 Washington--Bills Allow Court to Order Grandparent Visitation Dear HSLDA members and friends: One of the bills that would permit grandparents to request court-ordered visitation against the wishes of parents is scheduled for a public hearing tomorrow. Senate Bill 5071 would permit a grandparent to ask the court to order visitation even when the family is intact and the parents believe it to be in the best interest of their children to limit their contact with their grandparents. This bill should be strongly opposed as an attack on parental rights. Instead of presuming that fit parents make decisions in the best interest of their children, this bill would only require the court to give "deference" to the decisions of fit parents while examining whether their decision was reasonable. The hearing is scheduled for Senate Bill 5071 in the Senate Committee on Human Services & Corrections tomorrow, February 8. Some of you may remember that similar bills were introduced last year, but with your calls they were defeated. We need your calls once again. Please contact the legislators listed below and urge them to defeat this bill. ACTION REQUESTED: 1) Please call and/or email the Senate Committee on Human Services & Corrections members listed below and give them this message in your own words: "Please oppose Senate Bill 5071. This bill violates a parent's fundamental right to direct the care, custody, and control of their children. A fit parent should always be presumed to be making decisions in the best interest of their children and this bill does not. Additionally, this bill will allow courts to determine visitation in an intact family, jeopardizing family integrity. Please ensure that House Bill 1108 is defeated." Do not identify yourself as a homeschooler; instead you can identify yourself as a concerned parent and taxpayer. Human Services & Corrections Committee Telephone: (360) 786-7414 Toll-Free Legislative Hotline: 1-800-562-6000 Senate Committee on Human Services & Corrections Members Senator James Hargrove- Chairman Phone: (360) 786-7646 Email: hargrove.jim@leg.wa.gov Senator Debbie Regala- Vice Chairman Phone: (360) 786-7652 Email: regala.debbie@leg.wa.gov Senator Val Stevens Phone: (360) 786-7676 Email: stevens.val@leg.wa.gov Senator Dale Brandland Phone: (360) 786-7682 Email: brandland.dale@leg.wa.gov Senator Mike Carrell Phone: (360) 786-7654 Email: carrell.michael@leg.wa.gov Senator Chris Marr Phone: (360) 786-7610 Email: marr.chris@leg.wa.gov Senator Rosemary McAuliffe Phone: (360) 786-7600 Email: mcauliffe.rosemary@leg.wa.gov BACKGROUND: Over the years, HSLDA has represented member families in conflict with grandparents who did not like homeschooling. These grandparents would try to stop the homeschooling through various means, including turning the family over to child welfare services. Thankfully, most grandparents we come in contact with at HSLDA support homeschooling and in some situations even participate in the teaching. However, H.B. 1108 and S.B. 5071 would give grandparents the right to sue parents for visitation. If this bill becomes law, they could petition the court for visitation rights when both parents are together and not only when there is a pending dissolution, legal separation, or modification of a parenting plan proceeding. Of course, if a grandparent brings a suit under this act, the court may appoint a guardian ad litem to represent the child and order family mediation and a psychological evaluation of the child. Under these bills the court only needs to give "deference" to the decisions of fit parents all the while deciding whether the parents' decision to limit contact with the grandparents is "reasonable." On the surface these bills appear to protect parents' rights. However, a grandparent is only required to demonstrate that he or she had a "significant relationship" with the child that was allowed to be formed and established by the parent, that the parent substantially interfered with the grandparent's relationship, and the child would likely suffer harm or substantial risk of harm if contact between the grandparent is not awarded. Once a grandparent demonstrates this, the burden shifts to the parent to "prove why their decision to deny visitation is reasonable and in the best interest of the child." This places the court in the position of deciding whether the parent was justified in limiting contact with the grandparents. If you are not yet a member of HSLDA and would like to help us fight for greater homeschool freedom in Washington please visit http://www.hslda.org/join/apply.asp . Join or renew for two years and you get the Drive Thru History- America DVD and curriculum free, a $50 value. If you would like to be put on our free email list to receive vital e-lerts you may sign up at https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe . Thank you for your part in fighting for freedom in Washington. Sincerely, Thomas Schmidt HSLDA Staff Attorney ---------------------------------------------------------------------- -> How many news articles did you read this morning over your oatmeal? We live in a world where concise information presented at the right time can make a big difference in the outcome of important legislative efforts. Yet it's tough to keep up with all the issues that affect you. HSLDA does this for you in the areas that affect your homeschool. Our emails and website enable you to take quick, decisive action. Please consider becoming a part of this team. 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If this is an invalid email address or you have other problems, please reply to webmaster@hslda.org. ---------------------------------------------------------------------- DISCLAIMER: This is considered a private and confidential message from HSLDA to its bonafide HSLDA E-lert Service subscribers. HSLDA cannot attest to the authenticity of copies posted, forwarded, or sent by any party other than HSLDA. ---------------------------------------------------------------------- NOTE: Please do not reply or otherwise use this email address; hslda@hslda.org is for broadcast purposes only and is not intended to receive incoming messages. We cannot reply to any email sent to this address. If you have comments or questions, please send email to info@hslda.org or call HSLDA at 540-338-5600. HSLDA members can also email staff directly through the Members website at http://members.hslda.org/contact.asp. Thank you for your cooperation. ====================================================================== | |
