BILL NUMBER: AB 225	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 2, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 225, as introduced, Nielsen. Child custody: ex parte orders.
   Existing law prohibits a court 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.
   This bill would instead authorize the court to make an order
granting or modifying a custody order on an ex parte basis only if
there has been a showing of immediate risk that the child will be
removed from the state.
   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   may make  an
order granting or modifying a custody order on an ex parte basis
 unless   only if  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) "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.