Title FAM, California Fam. Code

Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation. (Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)

(a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be any other person or agency designated by the court. (b) The mediator shall meet the minimum qualifications required of a co…

Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or mediators or who directly supervises or administers the Family Court Services evaluation or mediation programs shall mee…

(a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested, the court shall set the contested issues for mediation. (b) Domestic violence case…

(a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court shall set the matter for mediation. (b) A natural or adoptive parent who is not a party to the proceeding is not require…

Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)

(a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both. (b) The mediation of a dispute concern…

If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter for hearing. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)

(a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation is required to settle a contested issue of custody or visitation, to each party and to each party’s counsel of record. (2) Where a stepparen…

Mediation proceedings pursuant to this chapter shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the mediator made in the proceeding are official information within the meaning of Section 1040 of the Evidence Code. (Rep…

An agreement reached by the parties as a result of mediation shall be limited as follows: (a) Where mediation is required to settle a contested issue of custody or visitation, the agreement shall be limited to the resolution of issues relating to parenting plans, custody, visitat…

A custody or visitation agreement reached as a result of mediation may be modified at any time at the discretion of the court, subject to Chapter 1 (commencing with Section 3020), Chapter 2 (commencing with Section 3040), Chapter 4 (commencing with Section 3080), and Chapter 5 (c…

(a) In mediation proceedings pursuant to this chapter, the mediator has the duty to assess the needs and interests of the child involved in the controversy, and is entitled to interview the child when the mediator considers the interview appropriate or necessary. (b) The mediator…

(a) In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a wr…

(a) The mediator has authority to exclude counsel from participation in the mediation proceedings pursuant to this chapter if, in the mediator’s discretion, exclusion of counsel is appropriate or necessary. (b) The mediator has authority to exclude a domestic violence support per…

(a) Except as provided in Section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court as to the custody of or visitation with the child, if the mediator has first provided the parties and their attorneys, including counsel for any minor…

Except as provided in Section 3188, nothing in this chapter prohibits the mediator from recommending to the court that counsel be appointed, pursuant to Chapter 10 (commencing with Section 3150), to represent the minor child. In making this recommendation, the mediator shall info…

(a) If issues that may be resolved by agreement pursuant to Section 3178 are not resolved by an agreement of all the parties who participate in mediation, the mediator shall inform the court in writing and the court shall set the matter for hearing on the unresolved issues. (b) W…

(a) An agreement reached by the parties as a result of mediation shall be reported to counsel for the parties by the mediator on the day set for mediation or as soon thereafter as practical, but before the agreement is reported to the court. (b) An agreement may not be confirmed …

(a) Any court selected by the Judicial Council under subdivision (c) may voluntarily adopt a confidential mediation program that provides for all of the following: (1) The mediator may not make a recommendation as to custody or visitation to anyone other than the disputing partie…

(a) The court may require parents or any other party involved in a custody or visitation dispute, and the minor child, to participate in outpatient counseling with a licensed mental health professional, or through other community programs and services that provide appropriate cou…

The counseling pursuant to this chapter shall be specifically designed to facilitate communication between the parties regarding their minor child’s best interest, to reduce conflict regarding custody or visitation, and to improve the quality of parenting skills of each parent. (…

In a proceeding in which counseling is ordered pursuant to this chapter, where there has been a history of abuse by either parent against the child or by one parent against the other parent and a protective order, as defined in Section 6218, is in effect, the court may order the …

(a) Notwithstanding any other law, a court shall not order family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or resul…

The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the development of these standards, the term “provider” shall include any individual who functions as a visitation mon…

(a) Any standards for supervised visitation providers adopted by the Judicial Council pursuant to Section 3200 shall conform to this section. A provider, as described in Section 3200, shall be a professional provider or nonprofessional provider. (b) In any case in which the court…

Any supervised visitation maintained or imposed by the court shall be administered in accordance with Standard 5.20 of the California Standards of Judicial Administration recommended by the Judicial Council. (Amended by Stats. 2021, Ch. 213, Sec. 2. (AB 1579) Effective January 1,…

(a) The programs described in this chapter shall be administered by the family law division of the superior court in the county. (b) For purposes of this chapter, “education about protecting children during family disruption” includes education on parenting skills and the impact …

(a) All supervised visitation and exchange programs funded pursuant to this chapter shall comply with all requirements of the Uniform Standards of Practice for Providers of Supervised Visitation set forth in Standard 5.20 of the Standards of Judicial Administration as amended. Th…

Subject to the availability of federal funding for the purposes of this chapter, the family law division of the superior court in each county may establish and administer a supervised visitation and exchange program, programs for education about protecting children during family …

(a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the “1996 Federal Personal Responsibility and Work Opportunity Recovery Act” (PRWORA), for a grant to fund child custody and visitati…

(a) Subject to the requirements of subdivision (b), the department, county adoption agency, or licensed adoption agency may provide an abbreviated home study assessment for any of the following: (1) A licensed or certified foster parent with whom the child has lived for a minimum…

If the prospective adoptive parent of a child is a foster parent, the assessment or home study described in Section 8730 shall not be initiated until the child to be adopted has resided in the home of the foster parent for at least six months. (Added by Stats. 1998, Ch. 983, Sec.…

A report of a medical examination of the foster parent with whom the child has lived for a minimum of six months or the relative caregiver who has had an ongoing and significant relationship with the child shall be included in the assessment of each applicant unless the departmen…

The department, county adoption agency, or licensed adoption agency shall require the adoptive parent to be provided with information related to the specific needs of the child to be adopted, that, as determined by the licensed adoption agency, may include information regarding t…

The department shall encourage adoption agencies to make adoption training programs available to prospective adoptive families. (Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)

The department shall adopt regulations requiring county adoption agencies and licensed adoption agencies to inform the agency responsible for the foster care placement when a relative caregiver or foster parent has been denied approval to adopt based on an inability of the relati…

The requirements of this chapter shall not be used as basis for removing a child who has been placed with a relative caregiver or foster parent prior to January 1, 1999, unless the noncompliance with the standards described therein present a danger to the health, safety, or emoti…

(a) (1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the …

(a) (1) Except as provided in subdivision (b), during the pendency of a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, or any proceeding subsequent to entry of a related judgment, an application for a temporary order making, …

(a) The court may make an award of attorney’s fees and costs under Section 2030 or 2031 where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties. (b) In determining what is just and reasonable u…

(a) Either party may encumber the party’s interest in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. This encumbra…

(a) On application of either party, the court may deny the family law attorney’s real property lien described in Section 2033 based on a finding that the encumbrance would likely result in an unequal division of property because it would impair the encumbering party’s ability to …

This code shall be known as the Family Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Judgment” and “order” include a decree, as appropriate under the circumstances. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)