Bill Text: CA AB1641 | 2023-2024 | Regular Session | Introduced
Bill Title: Child custody: ex parte orders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - Died at Desk. [AB1641 Detail]
Download: California-2023-AB1641-Introduced.html
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.
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) “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.
