Title FAM, California Fam. Code

The deposit holder shall return all assets subject to court order under Article 2 (commencing with Section 4610) to the obligor-parent when both of the following occur: (a) One year has elapsed since the court issued the order described under Article 2 (commencing with Section 46…

If the deposited asset is real property and the requirements of Section 4640 have been satisfied, the deposit holder shall do all of the following: (a) Prepare a release in accordance with Section 697.370 of the Code of Civil Procedure. (b) Request the clerk of the court where th…

(a) It is the public policy of this state that judicial proceedings to declare a child free from parental custody and control shall be fully determined as expeditiously as possible. (b) Notwithstanding any other provision of law, a proceeding to declare a child free from parental…

(a) A continuance may be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. (b) Unless the court for good cause entertains an oral motion for continuance, written notice of a motion…

(a) Upon the filing of the petition, a citation shall issue requiring any person having the custody or control of the child, or the person with whom the child is, to appear at a time and place stated in the citation. (b) The citation shall also require the person to appear with t…

(a) Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the cita…

(a) If the parent of the child or a person alleged to be or claiming to be the parent cannot, with reasonable diligence, be served as provided for in Section 7881, or if the parent’s place of residence is not known to the petitioner, the petitioner or the petitioner’s agent or at…

If a person personally served with a citation within this state as provided in Section 7880 fails without reasonable cause to appear and abide by the order of the court, or to bring the child before the court if so required in the citation, the failure constitutes a contempt of c…

(a) Unless requested by the child concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a proceeding under this part. (b) Notwithstanding subdivision (a), the judge may admit those persons the judge determines have a d…

In a proceeding under this part, the court shall consider the wishes of the child, bearing in mind the age of the child, and shall act in the best interest of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) Except as otherwise provided in this section, if the child who is the subject of the petition is 10 years of age or older, the child shall be heard by the court in chambers on at least the following matters: (1) The feelings and thoughts of the child concerning the custody pr…

(a) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist: (1) The court determines that testi…

The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply: (a) The court finds, supported by clear and convincing evidence, that active efforts were made in accordance with Section 361.7 of the Welfare and Institu…

(a) If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions: (1) Appoint a guardian for…

(a) An order and judgment of the court declaring a child free from the custody and control of a parent or parents under this part is conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citations by publication or…

(a) Upon appeal from a judgment freeing a child who is a dependent child of the juvenile court from parental custody and control, the appellate court shall appoint counsel for the appellant as provided by this section. (b) Upon motion by the appellant and a finding that the appel…

Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property. (Amended by Stats. 2014, Ch. 82, Sec. 21. (SB 1306) Effective January 1, 2015.)

(a) When a controversy exists between spouses, or when a controversy relating to child custody or visitation exists between parents regardless of their marital status, and the controversy may, unless a reconciliation is achieved, result in dissolution of the marriage, nullity of …

Before the filing of a proceeding for determination of custody or visitation rights, for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, either spouse or parent, or both, may file in the family conciliation court a petition inv…

The petition shall be captioned substantially as follows: In the Superior Court of the State of California in and for the County of ____ Upon the petition of ⎫ ⎪ Petition for (Petitioner) ⎪ Conciliation And concerning ⎬ (Under the Family and ⎪ Conciliation ⎪ Court Law) __________…

The petition shall: (a) Allege that a controversy exists between the spouses or parents and request the aid of the court to effect a reconciliation or an amicable settlement of the controversy. (b) State the name and age of each minor child whose welfare may be affected by the co…

(a) The clerk of the court shall provide, at the expense of the court, blank forms for petitions for filing pursuant to this part. (b) The probation officers of the county and the attachés and employees of the family conciliation court shall assist a person in the preparation and…

No fee shall be charged by any officer for filing the petition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) The court shall fix a reasonable time and place for hearing on the petition. The court shall cause notice to be given to the respondents of the filing of the petition and of the time and place of the hearing that the court deems necessary. (b) The court may, when it deems it …

(a) Except as provided in subdivision (b), for the purpose of conducting hearings pursuant to this part, the family conciliation court may be convened at any time and place within the county, and the hearing may be had in chambers or otherwise. (b) The time and place for hearing …

(a) The hearing shall be conducted informally as a conference or a series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues in controversy. (b) To facilitate and promote the purposes of this part, the court may, with th…

(a) At or after the hearing, the court may make orders in respect to the conduct of the spouses or parents and the subject matter of the controversy that the court deems necessary to preserve the marriage or to implement the reconciliation of the spouses. No such order shall be e…

(a) During a period beginning upon the filing of the petition for conciliation and continuing until 30 days after the hearing of the petition for conciliation, neither spouse shall file a petition for dissolution of marriage, for nullity of a voidable marriage, or for legal separ…

If a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties is filed, the case may be transferred at any time during the pendency of the proceeding to the family conciliation court for proceedings for reconciliation of the spouses or…

(a) If an application is made to the family conciliation court for conciliation proceedings in respect to a controversy between spouses, or a contested proceeding for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, but there is…

The Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

The pilot project applies to all hearings, for temporary or permanent child or spousal support, modifications thereof, health insurance, custody, or visitation in a proceeding for dissolution of marriage, nullity of marriage, legal separation of the parties, exclusive custody, or…

(a) Each and every hearing in a proceeding described in Section 20031 in which child or spousal support is at issue, including related contempt matters, shall be set by the clerk of the court for hearing within 30 days of filing. (b) At any hearing in which child or spousal suppo…

The court may pass a local rule that suspends the use of the Income and Expense Declaration mandated by California Rule of Court 1285.50 in some or all proceedings during the pendency of the pilot project, provided that substitute forms are developed and adopted to solicit substa…

(a) An attorney, known as an Attorney-Mediator, shall be hired to assist the court in resolving child and spousal support disputes, to develop community outreach programs, and to undertake other duties as assigned by the court. (b) The Attorney-Mediator shall be an attorney, lice…

Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 and shall be based on the economic evidence supplied by the parties or otherwi…

Upon motion by either party or on the court’s own motion, any proceeding that would otherwise fall within this pilot project may by judicial order be exempted from its requirements. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

(a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a district attorney pursuant to Section 11475.1 of the Welfare and Institutions Code. (2) The court shall not…

(a) In any case where either party has filed a motion regarding a custody or visitation dispute and has not yet scheduled an appointment for the mediation orientation class by the time of the hearing on the order to show cause, the court shall order all parties to go to Family Co…

The court may elect to publish a low-cost booklet describing the program. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

The court shall centralize, augment, and coordinate all presently existing programs under the court’s supervision that relate to children, including, but not limited to, mental health special masters, appointment of attorneys for children, supervised visitation, and other support…

(a) It is estimated for Santa Clara County’s participation in the pilot project authorized by this chapter, that 4,000 litigants will be served annually, and that the following savings will occur: (1) With an estimated 20 percent reduction in the use of court time over the curren…

A responsive pleading, if any, shall be filed and a copy served on the petitioner within 30 days of the date of the service on the respondent of a copy of the petition and summons. (Amended by Stats. 1998, Ch. 581, Sec. 4. Effective January 1, 1999.)

(a) Subject to subdivision (b), the court may order that a person who claims an interest in the proceeding be joined as a party to the proceeding in accordance with rules adopted by the Judicial Council pursuant to Section 211. (b) An employee benefit plan may be joined as a part…

(a) Evidence collected by eavesdropping in violation of Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code is inadmissible. (b) If it appears that a violation described in subdivision (a) exists, the court may refer the matter to the proper authorit…

(a) On a determination that payment of an obligation of a party would benefit either party or a child for whom support may be ordered, the court may order one of the parties to pay the obligation, or a portion thereof, directly to the creditor. (b) The creditor has no right to en…