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Section 3031 Of Chapter 1. General Provisions From California Family Law Code >> Division 8. >> Part 2. >> Chapter 1.
3031
. (a) Where the court considers the issue of custody or
visitation the court is encouraged to make a reasonable effort to
ascertain whether or not any emergency protective order, protective
order, or other restraining order is in effect that concerns the
parties or the minor. The court is encouraged not to make a custody
or visitation order that is inconsistent with the emergency
protective order, protective order, or other restraining order,
unless the court makes both of the following findings:
(1) The custody or visitation order cannot be made consistent with the emergency protective order, protective order, or other restraining order.
(2) The custody or visitation order is in the best interest of the minor.
(b) Whenever custody or visitation is granted to a parent in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the custody or visitation 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. Where 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.
(c) When making an order for custody or visitation in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any custody or visitation arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether custody or visitation shall be suspended or denied.
(1) The custody or visitation order cannot be made consistent with the emergency protective order, protective order, or other restraining order.
(2) The custody or visitation order is in the best interest of the minor.
(b) Whenever custody or visitation is granted to a parent in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the custody or visitation 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. Where 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.
(c) When making an order for custody or visitation in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the court shall consider whether the best interest of the child, based upon the circumstances of the case, requires that any custody or visitation arrangement shall be limited to situations in which a third person, specified by the court, is present, or whether custody or visitation shall be suspended or denied.
