AB 2128, as introduced, Achadjian. Child custody: ex parte orders.
Existing law requires a 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.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3064 of the Family Code is amended to
2read:
(a) The court shall refrain from making an order granting
4or modifying a custody order on an ex parte basis unless there has
5been a showing of immediate harm to the child or immediate risk
6that the child will be removed from the State of California.
7(b) “Immediate harm to the child” includes, but is not limited
8to,begin insert either ofend insert the following:
9(1) Having a parent who has committed acts of domestic
10violence,begin delete whereend deletebegin insert
ifend insert the court determines that the acts of domestic
P2 1violence are of recent origin or are a part of a demonstrated and
2continuing pattern of acts of domestic violence.
3(2) Sexual abuse of the child,begin delete whereend deletebegin insert ifend insert the court determines that
4the acts of sexual abuse are of recent origin or are a part of a
5demonstrated and continuing pattern of acts of sexual abuse.
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