BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 225
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 225 (Nielsen) - As Amended:  March 25, 2011 

          Policy Committee:                              JudiciaryVote:10 
          - 0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill requires a party seeking an ex parte child custody 
          order based on immediate harm to the child or immediate risk 
          that the child will be removed from California to notify all 
          parties or, if represented by counsel, their attorneys at least 
          one court day before the matter is to be heard.

           FISCAL EFFECT  

          Costs associated with this legislation would be minor and 
          absorbable within existing resources.

           COMMENTS  

           1)Purpose  . This bill aligns child custody cases with the 
            existing requirements of regular civil cases by seeking to 
            ensure that the other parties involved in the case have notice 
            of the request for an emergency order, unless doing so is not 
            appropriate.   

          2)Ex Parte Orders  . An ex parte order generally refers to an 
            order granted at the request of one party, without the other 
            parties to the action present.  Ex parte orders are an 
            exception to the basic rule of court procedure that both 
            parties must be present at any argument before the court.  Ex 
            parte matters are temporary orders pending a formal hearing 
            and generally only ordered if quick action, sometimes without 
            notice to the other party, is required in a given situation.  


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 








                                                                  AB 225
                                                                  Page  2

          319-2081