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Chapter 3. Temporary Custody Order During Pendency Of Proceeding of California Family Law Code >> Division 8. >> Part 2. >> Chapter 3.
A petition for a temporary custody order, containing the
statement required by Section 3409, may be included with the initial
filing of the petition or action or may be filed at any time after
the initial filing.
If the parties have agreed to or reached an understanding on
the custody or temporary custody of their children, a copy of the
agreement or an affidavit as to their understanding shall be attached
to the petition or action. As promptly as possible after this
filing, the court shall, except in exceptional circumstances, enter
an order granting temporary custody in accordance with the agreement
or understanding or in accordance with any stipulation of the
parties.
(a) In the absence of an agreement, understanding, or
stipulation, the court may, if jurisdiction is appropriate, enter an
ex parte temporary custody order, set a hearing date within 20 days,
and issue an order to show cause on the responding party. If the
responding party does not appear or respond within the time set, the
temporary custody order may be extended as necessary, pending the
termination of the proceedings.
(b) If, despite good faith efforts, service of the ex parte order and order to show cause has not been effected in a timely fashion and there is reason to believe, based on an affidavit, or other manner of proof made under penalty of perjury, by the petitioner, that the responding party has possession of the minor child and seeks to avoid the jurisdiction of the court or is concealing the whereabouts of the child, then the hearing date may be reset and the ex parte order extended up to an additional 90 days. After service has been effected, either party may request ex parte that the hearing date be advanced or the ex parte order be dissolved or modified.
(b) If, despite good faith efforts, service of the ex parte order and order to show cause has not been effected in a timely fashion and there is reason to believe, based on an affidavit, or other manner of proof made under penalty of perjury, by the petitioner, that the responding party has possession of the minor child and seeks to avoid the jurisdiction of the court or is concealing the whereabouts of the child, then the hearing date may be reset and the ex parte order extended up to an additional 90 days. After service has been effected, either party may request ex parte that the hearing date be advanced or the ex parte order be dissolved or modified.
In conjunction with any ex parte order seeking or modifying
an order of custody, the court shall enter an order restraining the
person receiving custody from removing the child from the state
pending notice and a hearing on the order seeking or modifying
custody.
(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.
(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.
