Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3072Introduced by Assembly Member Petrie-NorrisFebruary 16, 2024 An act to amend Section 3064 of the Family Code, relating to child custody.LEGISLATIVE COUNSEL'S DIGESTAB 3072, as amended, Petrie-Norris. Child custody: ex parte orders.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 parents illegal access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3072Introduced by Assembly Member Petrie-NorrisFebruary 16, 2024 An act to amend Section 3064 of the Family Code, relating to child custody.LEGISLATIVE COUNSEL'S DIGESTAB 3072, as amended, Petrie-Norris. Child custody: ex parte orders.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 parents illegal access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 19, 2024 Amended IN Assembly March 11, 2024
Amended IN Assembly March 19, 2024
Amended IN Assembly March 11, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 3072
Introduced by Assembly Member Petrie-NorrisFebruary 16, 2024
Introduced by Assembly Member Petrie-Norris
February 16, 2024
An act to amend Section 3064 of the Family Code, relating to child custody.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3072, as amended, Petrie-Norris. Child custody: ex parte orders.
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 parents illegal access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.
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 parents illegal access to firearms and ammunition when determining whether there is a showing of immediate harm to the child, as specified. The bill would also require a court to consider whether the safety and best interest of the child requires the suspension, denial, or limitation of visitation if there is a showing of immediate harm.
## Digest Key
## Bill Text
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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
The people of the State of California do enact as follows:
## 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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
SECTION 1. Section 3064 of the Family Code is amended to read:
### SECTION 1.
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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.
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) (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) In determining whether there is a showing of immediate harm to the child, the court shall consider a parents illegal access to firearms and ammunition, including, but not limited to, whether a parent is prohibited from having firearms and ammunition.
(c) If there is a showing of immediate harm to the child, the court shall consider whether the safety and best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, as specified by the court, is present, including virtual visitation.