BILL NUMBER: AB 375	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 23, 2009

   An act to amend Section 3064 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 375, as introduced, Nielsen. Child custody: child sexual abuse.

   Existing law requires the court to refrain from making an order
granting or modifying a custody order on an ex parte basis unless
there has been a showing of immediate harm to the child or immediate
risk that the child will be removed from the State of California. For
purposes of this provision, immediate harm to the child includes,
but is not limited to, having a parent who has committed acts of
domestic violence, or the sexual abuse of the child, where the court
determines that the acts of domestic violence or of sexual abuse are
of recent origin or are a part of a demonstrated and continuing
pattern of those respective acts.
   This bill would prohibit a court from granting a request to modify
a child custody order on an ex parte basis if there is evidence of
sexual abuse of, or domestic violence against, the child, if the
court determines that the act of sexual abuse or domestic violence is
of recent origin, or part of a demonstrated and continuing pattern
of acts of sexual abuse or domestic violence, and if the request for
modification of the custody order is made by a person who is alleged
to have perpetrated a recent act or a pattern of acts of sexual abuse
of, or domestic violence against, the child and it is alleged that
the person is seeking the modification in order to gain greater
access to the child. Under those circumstances, a hearing regarding
modification of the custody order would be conducted in open court.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 3064 of the Family Code is amended to read:
   3064.  (a) The court shall refrain from making an order granting
or modifying a custody order on an ex parte basis unless there has
been a showing of immediate harm to the child or immediate risk that
the child will be removed from the State of California. 
   (b) (1) The court may not grant a request to modify a custody
order on an ex parte basis if all of the following apply:  
   (A) There is evidence of sexual abuse of, or domestic violence
against, the child.  
   (B) The court determines that the act of sexual abuse or domestic
violence is of recent origin, or part of a demonstrated and
continuing pattern of acts of sexual abuse or domestic violence.
 
   (C) The request for modification of the custody order is made by a
person who is alleged to have perpetrated a recent act or a pattern
of acts of sexual abuse of, or domestic violence against, the child
and it is alleged that the person is seeking the modification in
order to gain greater access to the child.  
   (2) If all of the circumstances described in subdivision (b)
apply, the court shall conduct a hearing regarding modification of
the custody order in open court.  
   (b) 
    (c)  "Immediate harm to the child" includes, but is not
limited to, the following:
   (1) Having a parent who has committed acts of domestic violence,
where the court determines that the acts of domestic violence are of
recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
   (2) Sexual abuse of the child, where the court determines that the
acts of sexual abuse are of recent origin or are a part of a
demonstrated and continuing pattern of acts of sexual abuse.