Compare Versions


Bill PDF |Add To My Favorites |Track Bill | print page

AB-1641 Child custody: ex parte orders.(2023-2024)



Current Version: 02/17/23 - Introduced

Compare Versions information image


AB1641:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1641

Introduced by Assembly Member Mathis

February 17, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 1641, as introduced, Mathis. Child custody: ex parte orders.
Existing law requires the court to refrain from making an order granting or modifying a child custody order on an ex parte basis unless there has been a showing of immediate harm, as defined, to the child or immediate risk that the child will be removed from the State of California.
This bill would make technical, nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 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 of California.
(b) “Immediate harm to the child” includes, but is not limited to, either of 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.