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ARE CUSTODY ORDERS ISSUED OR MODIFIED EX PARTE WITHOUT A NOTICED CUSTODY HEARING?

April 26, 2017Custody ex hearing issued modified noticed orders Parte

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ARE CUSTODY ORDERS ISSUED OR MODIFIED EX PARTE WITHOUT A NOTICED CUSTODY HEARING?

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Custody orders should not be issued or modified ex parte absent showing of immediate harm to child, such as acts of domestic violence. STATUTE PROVIDES: “The court shall refrain 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.