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2011 REVISIONS to the California Family Code: Child Abuse and Temporary Orders

Effective January 1, 2011, Family Code section 3027 has been amended to authorize courts to "take any reasonable, temporary steps as the court, in its discretion, deems appropriate ... to protect the child's safety until an investigation has been completed" when allegations of child abuse have been made.

Previously this section only applied to allegations of "sexual abuse."

This will include allegations made by so-called "mandatory reporters," although the statute speaks only to child custody proceedings that are already pending. Presumably the innocent parent will file something at once and seek no-visitation orders based upon this section.

Thurman W. Arnold III
Certified Family Law Specialist