AB 225 — Child custody: ex parte orders.
Last action — Referred to Com. on JUD.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law prohibits a 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. This bill would require that a party seeking an ex parte child custody order on those grounds notify all parties or their attorneys of the proceedings at least one court day prior to the matter being heard by the court, unless the party requests shorter notice of a waiver or notice, as specified. The bill would also require the Judicial Council, on or before January 1, 2012, to adopt a rule of court to implement these provisions.
Bill Text
- Amended 03/25/11 - Amended Assembly Current pdf March 25, 2011
- Introduced 02/02/11 - Introduced pdf February 02, 2011
- AB225 View text html
Action History
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1436.)
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Ordered to third reading.
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Read second time. Ordered to consent calendar.
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From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 4).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 5). Re-referred to Com. on APPR.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on JUD.
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From printer. May be heard in committee March 5.
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Read first time. To print.
Sponsors
- Nielsen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Nielsen
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 73 | 0 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hall | — | Yea |
| Butler | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Garrick | — | Yea |
| Hagman | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Jeffries | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Knight | — | Yea |
| Miller | — | Yea |
| Pan | — | Yea |
| Wagner | — | Yea |
| Atkins | — | Yea |
| Feuer | — | Yea |
| Fuentes | — | Yea |
| Campos | — | Yea |
| Portantino | — | Yea |
| Galgiani | — | Yea |
| Yamada | — | Yea |
| Gatto | — | Yea |
| Cedillo | — | Yea |
| Gorell | — | Not Voting |
| Bonilla | — | Yea |
| Halderman | — | Yea |
| Fletcher | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Davis | — | Yea |
| Harkey | — | Yea |
| Hayashi | — | Yea |
| Alejo | — | Not Voting |
| Beall | — | Yea |
| Donnelly | — | Yea |
| Huffman | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nestande | — | Yea |
| Nielsen | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Torres | — | Yea |
| Valadao | — | Yea |
| Williams | — | Yea |
| Achadjian | — | Yea |
| Ammiano | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Huber | — | Yea |
| Lara | — | Yea |
| Logue | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Norby | — | Yea |
| Olsen | — | Yea |
| Perea | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Wieckowski | — | Yea |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Furutani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Campos | — | Yea |
| Hall | — | Yea |
| Mitchell | — | Yea |
| Davis | — | Yea |
| Hill | — | Yea |
| Donnelly | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Harkey | — | Yea |
| Norby | — | Yea |
| Solorio | — | Yea |
| Wagner | — | Yea |
| Fuentes | — | Yea |
| Gatto | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Atkins | — | Yea |
| Dickinson | — | Yea |
| Huffman | — | Yea |
| Monning | — | Yea |
| Silva | — | Yea |
| Wagner | — | Yea |
| Wieckowski | — | Yea |
| Huber | — | Yea |
| Feuer | — | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 225 do?
- Existing law prohibits a 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. This bill would require that a party seeking an ex parte child custody order on those grounds notify all parties or their attorneys of the proceedings at least one court day prior to the matter being heard by the court, unless the party requests shorter notice of a waiver or notice, as specified. The bill would also require the Judicial Council, on or before January 1, 2012, to adopt a rule of court to implement these provisions.
- Who sponsors AB 225?
- AB 225 is sponsored by Nielsen.
- What is the current status of AB 225?
- This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 225?
- Track AB 225 free on One Click Politics — get push/email alerts when it moves.
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