Bill Text: CA AB2128 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Marriage.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 130, Statutes of 2016. [AB2128 Detail]

Download: California-2015-AB2128-Introduced.html

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BILL NUMBER: AB 2128	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 17, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2128, as introduced, Achadjian. Child custody: ex parte orders.

   Existing law requires a court to 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.
   This bill would make nonsubstantive changes to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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.