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Section 3062 Of Chapter 3. Temporary Custody Order During Pendency Of Proceeding From California Family Law Code >> Division 8. >> Part 2. >> Chapter 3.
3062
. (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.
