AB 1817 — Family law omnibus.

Summary

(1) Existing law establishes a Domestic Violence Restraining Order System for purposes of registering restraining and protective orders and injunctions, as specified, which is administered by the Department of Justice. This bill would rename the Domestic Violence Restraining Order System the California Restraining and Protective Order System. (2) Existing law authorizes a court to issue various ex parte orders, including, among other orders, orders excluding a party from a dwelling or enjoining a party from specified behavior. Existing law authorizes a court to issue an ex parte order granting temporary sole legal and physical custody to a party to whom a restraining order has been issued when the person obtaining the order has established a parent and child relationship and the other person has not established that relationship. Existing law authorizes the person against whom the order was issued to establish a parent and child relationship only by offering specified means of proof, including a determination of paternity made in a proceeding to determine custody or visitation in a case brought by the district attorney in a child support enforcement action. This bill, instead, would provide that paternity, for purposes of establishing a parent and child relationship for an ex parte order of temporary sole legal and physical custody, may be established by a determination of paternity made in a proceeding to determine custody or visitation in a case brought by the local child enforcement agency in a child support enforcement action. (3) The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents, and provides rebuttable presumptions as to the parentage of a child born under certain circumstances, including that the child of spouses who cohabited at the time of conception is conclusively presumed to be the child of the marriage. Existing law requires an action to challenge parentage to be filed not later than 2 years from the child's date of birth if the court finds that the spouse who is a presumed parent on the basis of cohabitation with the birth parent at the time of conception is not a genetic parent. This bill would require the action to challenge parentage in this case to be both filed and served within 2 years of the child's date of birth. (4) Existing law regulates marriage, dissolution of marriage, custody of children, adoption, child support, and other aspects of family law. This bill would make technical, nonsubstantive changes to those provisions, particularly relating to the elimination of gendered pronouns in the Family Code. This bill would incorporate additional changes to Section 3011 of the Family Code proposed by SB 495 to be operative only if this bill and SB 495 are enacted and this bill is enacted last.

Bill Text

• Chaptered 07/12/19 - Chaptered Current pdf July 12, 2019
• Enrolled 07/02/19 - Enrolled pdf July 02, 2019
• Amended 06/10/19 - Amended Senate pdf June 10, 2019
• Amended 04/04/19 - Amended Assembly pdf April 04, 2019
• Amended 03/28/19 - Amended Assembly pdf March 28, 2019
• Introduced 03/06/19 - Introduced pdf March 06, 2019
• AB1817 View text html

Action History

1. July 12, 2019

   Chaptered by Secretary of State - Chapter 115, Statutes of 2019.

2. July 12, 2019

   Approved by the Governor.

3. July 05, 2019

   Enrolled and presented to the Governor at 3 p.m.

4. July 01, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2484.).

5. June 27, 2019

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 29 pursuant to Assembly Rule 77.

6. June 27, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 1818.).

7. June 11, 2019

   Read second time. Ordered to third reading.

8. June 10, 2019

   Read third time and amended. Ordered to second reading.

9. June 06, 2019

   Ordered to third reading.

10. June 06, 2019

    From Consent Calendar.

11. June 05, 2019

    Read second time. Ordered to Consent Calendar.

12. June 04, 2019

    From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 4).

13. May 01, 2019

    Referred to Com. on JUD.

14. April 23, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

15. April 22, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1261.)

16. April 10, 2019

    Read second time. Ordered to Consent Calendar.

17. April 09, 2019

    From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (April 9).

18. April 08, 2019

    Re-referred to Com. on JUD.

19. April 04, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

20. April 01, 2019

    Re-referred to Com. on JUD.

21. March 28, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

22. March 28, 2019

    Referred to Com. on JUD.

23. March 07, 2019

    From printer. May be heard in committee April 6.

24. March 06, 2019

    Read first time. To print.

Sponsors

• Committee on Judiciary · Primary

Votes

Subjects