Bill Text: CA AB3072 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child custody: ex parte orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-20 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB3072 Detail]
Download: California-2023-AB3072-Amended.html
Bill Title: Child custody: ex parte orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-20 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB3072 Detail]
Download: California-2023-AB3072-Amended.html
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Amended
IN
Assembly
March 19, 2024 |
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Amended
IN
Assembly
March 11, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3072
| Introduced by Assembly Member Petrie-Norris |
February 16, 2024 |
An act to amend Section 3064 of the Family Code, relating to child custody.
LEGISLATIVE COUNSEL'S DIGEST
AB 3072, as amended, Petrie-Norris.
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 to the child, as defined, or immediate risk that the child will be removed from the State of California.
This bill would require a court to consider a parent’s illegal access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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) (1) “Immediate harm to the child” includes, but is not limited to, either of the following:
(A) 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 part of a demonstrated and continuing pattern of acts of domestic violence.
(B) Sexual abuse of the child, if the court determines that the acts of sexual abuse are of recent origin or are part of a demonstrated and continuing pattern of acts of sexual abuse.
(2) In determining whether there is a showing of immediate harm to the child, the court shall consider a parent’s illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.
(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or
limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
