Maine Legislature, Session 122, LD 0859
Committee Amendment CA_A_H538 (House)

COMMITTEE AMENDMENT "4,, to H.P. 610, L.D. 859, Bill, "An 
Act To Provide Greater Civil Relief Protection for Members of the 
Military" 
Amend the bill in section 4 in that part designated "§3..4L." 
in subsection 2 in the last line (page 1, line 48 in L.D.) by 
inserting after the following: 
"militory orders" the following: 
'unless the change is in the best interest of the child' 
Further amend the bill in section 6 in that part designated 
"S389-A." in subsection 1 in the last line (page 2, line 21 in 
L.D.) 
by striking out the following: 
"Service Members'" 
and 
inserting in its place the following: 
'Maine Servicemembers" 
Further amend the bill in section 6 in that part designated 
"S389-A." in subsection 3 in the 3rd line (page 2, line 38 in 
L.D.) 
by 
striking out 
the 
following: 
"if the 
member" 
and 
inserting 
in its 
place 
the 
following: 
'if the plaintiff, 
defendant or attorney' 
Further amend the bill in section 6 in that part designated 
"S389-A." in subsection 3 in the last line (page 2, line 47 in 
L.D.) by inserting after the following: 
"military service" the 
following: 
" 
except that an action or proceeding involving a 
child may not be stayed unless the stay is in the best interest 
of the child' 
Further amend the bill in section 6 in that part designated 
"S389-A." by striking out all of subsection 4 (page 2, lines 49 
and 50 and page 3, lines 1 and 2 in L.D.) and inserting in its 
place the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A" to H.P. 610, L.D. 859 
'4. 
Appearance. 
An application for a stay of a court or 
administrative proceeding pursuant to the 
Servicemembers' Civil 
Relief Act of 2003, 50 United States Code App. Sections 501 to 
596, or this section does not constitute an appearance for any 
purpose. ' 
Further amend the bill in section 6 in that part designated 
"§389-A." by striking out all of subsection 7 (page 3, lines 21 
to 29 in L.D.) and inserting in its place the following: 
'1. 
Transfer of parent-child contact rights. 
Upon motion 
of a service member, or upon the court's own motion, in a case 
involving parent-child contact, the court shall allow the service 
member 
to 
temporarily transfer 
the 
service member's 
contact 
rights to a relative, by blood or marriage, who has a significant 
connection with the child or children when the military duties of 
the service member have a material effect on the ability of the 
service member to exercise those rights, unless the transfer is 
not in the best interest of the child.' 
SUMMARY 
The bill prohibits 
a 
court 
from 
changing 
the 
primary 
physical residence of a child when one of the child's parents is 
a member of the National Guard or the Reserves of the Uni ted 
States Armed Forces ordered to active duty and will be absent 
from the State in compliance with the order. 
This 
amendment 
provides that a court may not make a change in primary physical 
residence of a child in those circumstances unless the change is 
in the best interest of the child. 
This amendment clarifies the reference to a member who is 
the plaintiff, 
defendant 
or 
attorney 
in 
a 
proceeding. 
For 
actions and proceedings involving children, a stay may occur only 
if the stay is in the best interest of the child. 
This 
amendment corrects 
a 
reference to the 
new 
federal 
Servicemembers' Civil Relief Act of 2003. 
The bill authorized a service member to transfer custody and 
visitation rights to a relative when the military duties of the 
service member have a material effect on the ability to exercise 
those rights. 
This amendment clarifies the language to apply to 
parent-child contact rights. 
It allows the service member to 
temporarily transfer those contact rights to a relative, by blood 
or marriage, who already has a significant connection with the 
child, unless the transfer is not in the best interest of the 
child. 
COMMITTEE AMENDMENT