BILL NUMBER: AB 225	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 25, 2011

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 amended, 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   require that a party seeking
an ex parte child custody order on those grounds notify all parties
or their attorneys of the proceedings at least one court day prior to
the matter being heard by the court, unless the party requests
shorter notice of a waiver or notice, as specified. The bill would
also require   the Judicial Council, on or before January 1,
2012, to adopt a rule of court to implement these provisions  .

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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 may make an order
granting or modifying a custody order on an ex parte basis 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,
if 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, if 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. 

   (c) A party seeking an ex parte order pursuant to this section
shall notify all parties or, if represented by counsel, their
attorneys of the proceedings at least one court day before the matter
is to be heard by the court, unless either of the following occurs:
 
   (1) The party requests shorter notice and there are exceptional
circumstances that justify shorter notice. The requesting party shall
provide facts in a declaration that show exceptional circumstances
that justify the shorter notice.  
   (2) The party requests a waiver of the notice because giving
notice would result in immediate and irreparable harm to the party or
the child. The requesting party shall provide facts in a declaration
that show the immediate and irreparable harm to the party or the
child that justifies the waiver of notice.  
   (d) The Judicial Council shall, on or before January 1, 2012,
adopt a rule of court to implement subdivision (c).