§ 3064. — 3064. (Amended by Stats. 2024, Ch. 317, Sec. 1.)

California § 3064.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 8.: DIVISION 8. CUSTODY OF CHILDREN
• Part 2.: PART 2. RIGHT TO CUSTODY OF MINOR CHILD
• Ch. 3.: CHAPTER 3. Temporary Custody Order During Pendency of Proceeding

Text

(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)
(A)
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.
(B)
“Illegal access to firearms and ammunition” includes the possession, purchase, or receipt of a firearm or ammunition in violation of state or federal law, a restraining order, a protective order, or an injunction, or a condition of probation or
parole.

Legislative History

Amended by Stats. 2024, Ch. 317, Sec. 1. (AB 3072) Effective January 1, 2025.