Child custody: ex parte orders.
Summary
Existing law prohibits a court 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 require that a party seeking an ex parte child custody order on those grounds notify all parties or their attorneys of the proceedings at least one court day prior to the matter being heard by the court, unless the party requests shorter notice of a waiver or notice, as specified. The bill would also require the Judicial Council, on or before January 1, 2012, to adopt a rule of court to implement these provisions.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Jun 2011
Assembly Passage
May 2011
Senate Passage
Governor
Introduced Feb 2, 2011
Last action Jun 2, 2011
Floor votes · Assembly May 19, 2011
How they voted
68–0
Passed · 2 other
Total votes 70
May 19, 2011
D
Democratic44
97% Yea
R
Republican26
96% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
4
Committee
7
Jun 2, 2011
Committee
Referred to Com. on JUD.
upper
May 19, 2011
Assembly · Passed
Assembly Vote: pass (68-0-2)
assembly
May 5, 2011
Lower · Passed
From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 4).
lower
Apr 5, 2011
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 5). Re-referred to Com. on APPR.
lower
Mar 29, 2011
Committee
Re-referred to Com. on JUD.
lower
Mar 15, 2011
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Feb 10, 2011
Committee
Referred to Com. on JUD.
lower
Feb 3, 2011
Lower · Passed
From printer. May be heard in committee March 5.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jim Nielsen
RRepublican
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