Custody

Judges can only grant ex parte temporary custody orders when there is risk of immediate harm to the child or an immediate risk that the child will be removed from the state.¹ In the order, the judge could put limits on visitation between the child and the parent who presents a risk so that visitation is:

• virtual;
• supervised;
• suspended; or
• denied.²

“Immediate harm” to the child includes, but is not limited to, having a parent who has recently or continually committed acts of domestic violence, or if the child has been recently or continually sexually abused.

When deciding if there is a “risk of immediate harm,” the judge must consider whether a parent is prohibited from having firearms and ammunition due to state or federal law, a restraining/protective order, an injunction, or a condition of probation or parole. Furthermore, the judge must consider whether the parent has access to firearms and ammunition.¹

¹ Cal. Fam. Code § 3064
² Cal. Fam. Code § 3100(c)(1)(A)