FC §3064 — Restrictions on Ex Parte Custody Orders
Type: California Family Code
Summary
A court may not grant or modify a custody order on an ex parte basis except upon a showing of (a) immediate harm to the child, or (b) immediate risk that the child will be removed from the State of California. “Immediate harm” includes recent or continuing-pattern domestic violence, recent or continuing-pattern sexual abuse of the child, and the court must consider any illegal access to firearms and ammunition by a parent.
When to use
The applicable standard for any custody-related ex parte application by either party. Functions as the substantive companion to CRC 5.151’s procedural framework. Relevant to any future ex parte application made by either party, and to any retrospective analysis of the 4/4 ex parte filing posture and the court’s 4/6 ruling.
Section text (verbatim)
(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) “Immediate harm to the child” includes, but is not limited to, the following: (1) Having a parent who has committed acts of domestic violence, where the court determines that the acts of domestic violence are of recent origin or are a part of a demonstrated and continuing pattern of acts of domestic violence. (2) Sexual abuse of the child, where the court determines that the acts of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of acts of sexual abuse.
(c) In making a determination of immediate harm to the child, the court shall consider, among other factors, evidence that a parent has illegal access to firearms and ammunition, including, but not limited to, the prohibition on firearms possession.
Linked exhibits
Transclude of Exhibits-by-Statute.base