Temporary Custody Orders in Family Law

California’s Family Code, in Division 8, Part 2, Chapter 3, deals with the temporary custody orders during the pendency of minor child custody proceedings.

Section 3060 states that a petition for a temporary custody order, containing the required statement, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing.

Section 3061 provides that, 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 are to be attached to the petition or action.

Section 3062 specifies that, 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.

Section 3063 requires, in conjunction with any ex parte order seeking or modifying an order of custody, the court to 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.

Section 3064 prohibits the court 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. The phrases “immediate harm to the child” and “illegal access to firearms and ammunition” are defined.