Child custody: ex parte orders.
Summary
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. Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody or visitation, to determine the best interests of the child based on certain factors, including the health, safety, and welfare of the child, and the nature and amount of contact with both parents, except as specified. If a protective order has been issued restraining a parent, existing law requires the court to determine whether to require that visitation to be supervised, suspended, limited, or denied. This bill would also require the court to determine whether to require that visitation be supervised, suspended, limited, or denied if it has found that circumstances warrant making an order granting or modifying a custody order on an ex parte basis because 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2024
Committee Review
May 2024
Assembly Passage
Apr 2024
Senate Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Feb 16, 2024
Signed Sep 20, 2024
Floor votes · Senate Aug 21, 2024 · Assembly Apr 8, 2024
How they voted
33–0
Passed · 7 other
Total votes 40
Aug 21, 2024
D
Democratic31
77% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
23
Key actions
7
Committee
6
Amendments
8
Sep 20, 2024
Signed into law
Approved by the Governor.
legislature
Aug 27, 2024
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
lower
Aug 21, 2024
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 23 pursuant to Assembly Rule 77.
lower
Aug 21, 2024
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 5265.).
upper
Jun 5, 2024
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 4, 2024
Introduced
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (June 4).
upper
May 20, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
May 7, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
May 1, 2024
Committee
Referred to Com. on JUD.
upper
Apr 8, 2024
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4661.)
lower
Apr 2, 2024
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 2).
lower
Mar 20, 2024
Committee
Re-referred to Com. on JUD.
lower
Mar 19, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 12, 2024
Committee
Re-referred to Com. on JUD.
lower
Mar 11, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 11, 2024
Committee
Referred to Com. on JUD.
lower
Feb 17, 2024
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 1 co-sponsor
Sponsors
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