§ 6323. — 6323. (Amended by Stats. 2021, Ch. 685, Sec. 6.)

California § 6323.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 10.: DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE
• Part 4.: PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS
• Ch. 2.: CHAPTER 2. Issuance of Orders
• Art. 1.: ARTICLE 1. Ex Parte Orders

Text

(a)
Subject to Section 3064:
(1)
The court may issue an ex parte order determining the temporary custody and visitation of a minor child, on the conditions the court determines, to a party who has established a parent and child relationship pursuant to paragraph (2). The parties shall inform the court if a custody or visitation order has already been issued in any other proceeding.
(2)
(A)
In making a determination of the best interest of the child, in order to limit the child’s exposure to potential domestic violence, and to ensure the safety of all family members, if the party who has obtained the
restraining order has established a parent and child relationship and the other party has not established that relationship, the court may award temporary sole legal and physical custody to the party to whom the restraining order was issued and may make an order of no visitation to the other party pending the establishment of a parent and child relationship between the child and the other party.
(B)
A party may establish a parent and child relationship for purposes of subparagraph (A) only by offering proof of any of the following:
(i)
The party gave birth to the child.
(ii)
The child is conclusively presumed to be a child of the marriage between the parties, pursuant to Section 7540, or the party has been determined by a
court to be a parent of the child, pursuant to Section 7541.
(iii)
Legal adoption or pending legal adoption of the child by the party.
(iv)
The party has signed a valid voluntary declaration of paternity, which has been in effect more than 60 days prior to the issuance of the restraining order, and that declaration has not been rescinded or set aside.
(v)
A determination made by the juvenile court that there is a parent and child relationship between the party offering the proof and the child.
(vi)
A determination of parentage made in a proceeding to determine custody or visitation in a case brought by the local child support agency pursuant to
Chapter 2 (commencing with Section 17400) of Division 17.
(vii)
The party has been determined to be the parent of the child through a proceeding under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
(viii)
Both parties stipulate, in writing or on the record, for purposes of this proceeding, that they are the parents of the child.
(b)
(1)
Except as provided in paragraph (2), the court shall not make a finding of paternity in this proceeding, and an order issued pursuant to this section shall be without prejudice in any other action brought to establish a parent and child relationship.
(2)
The court may
accept a stipulation of paternity by the parties and, if paternity is uncontested, enter a judgment establishing paternity, subject to the set-aside provisions in Section 7646.
(c)
When making an order for custody or visitation pursuant to this section, the court’s order shall specify the time, day, place, and manner of transfer of the child for custody or visitation to limit the child’s exposure to potential domestic conflict or violence and to ensure the safety of all family members. If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for custody or visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location.
(d)
When making an order for custody or visitation pursuant to this section, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that a visitation or custody arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether visitation or custody shall be suspended or denied.
(e)
When determining whether visitation should be suspended, denied, or limited to situations in which a third person is present pursuant to subdivision (d), the court shall consider a determination made pursuant to Section 6322.5 that the party is a restrained person in possession or control of a firearm or ammunition in violation of Section 6389.

Legislative History

Amended by Stats. 2021, Ch. 685, Sec. 6. (SB 320) Effective January 1, 2022.