Today's Law As Amended


Add To My Favorites | print page

AB-225 Child custody: ex parte orders.(2011-2012)



As Amends the Law Today


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 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, where 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).