Title FAM, California Fam. Code

Services provided by the family law facilitator shall include, but are not limited to, the following: providing educational materials to parents concerning the process of establishing parentage and establishing, modifying, and enforcing child support and spousal support in the co…

(a) By local rule, the superior court may designate additional duties of the family law facilitator, which may include, but are not limited to, the following: (1) Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subj…

The court shall adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)

The court shall provide the family law facilitator at no cost to the parties. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)

(a) Except as provided in subdivision (b), nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a local child support agency pursuant to Section 17400. (b) In cases in which the services of the local child sup…

The Judicial Council shall adopt minimum standards for the office of the family law facilitator and any forms or rules of court that are necessary to implement this division. (Added by Stats. 1996, Ch. 957, Sec. 9. Effective January 1, 1997.)

The Director of the State Department of Social Services shall seek approval from the United States Department of Health and Human Services, Office of Child Support Enforcement, to utilize funding under Title IV-D of the Social Security Act for the services provided pursuant to th…

(a) In a proceeding in which mediation is required pursuant to paragraph (1) of subdivision (a) of Section 10005, 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 par…

The family law facilitator shall not represent any party. No attorney-client relationship is created between a party and the family law facilitator as a result of any information or services provided to the party by the family law facilitator. The family law facilitator shall giv…

A person employed by, or directly supervised by, the family law facilitator shall not make any public comment about a pending or impending proceeding in the court as provided by paragraph (9) of subdivision (B) of Canon 3 of the Code of Judicial Ethics. All persons employed by or…

The Judicial Council shall create any necessary forms to advise the parties of the types of services provided, that there is no attorney-client relationship, that the family law facilitator is not responsible for the outcome of any case, that the family law facilitator does not r…

“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 107. Effective January 1, 1995.)

A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case. (E…

“Proceeding” includes an action. (Added by Stats. 1993, Ch. 219, Sec. 81. Effective January 1, 1994.)

(a) Except as provided in subdivisions (b), (c), and (d) and Sections 761 and 1103, either spouse has the management and control of the community personal property, whether acquired prior to or on or after January 1, 1975, with like absolute power of disposition, other than testa…

(a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse’s present undivided one-half interest in the community estate, including, but not limited to, a single transaction or a pattern or series of tr…

(a) Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to, or on or after January 1, 1975, but both spouses, either personally or by a duly authorized agent, are required to join in exec…

(a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property, the procedure for management and control (which includes disposition) of the community property is that prescribed in Part 6 (commencing w…

“Property” includes real and personal property and any interest therein. (Added by Stats. 2000, Ch. 808, Sec. 21. Effective September 28, 2000.)

“Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acqu…

“Petitioner” includes plaintiff, where appropriate. (Added by Stats. 1999, Ch. 980, Sec. 1. Effective January 1, 2000.)

“Respondent” includes defendant, where appropriate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisi…

“Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Spousal support” means support of the spouse of the obligor. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

“Spouse” includes “registered domestic partner,” as required by Section 297.5. (Added by Stats. 2016, Ch. 50, Sec. 35. (SB 1005) Effective January 1, 2017.)

“State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. (Amended by Stats. 1999, Ch. 661, Sec. 3. Effective January 1, 2000. Operative January 1, 1994.)

“Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due support or arrearage when it exists. “Support,” when used with reference to a minor child or a child described in Sectio…

“Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. For the purposes of Section 685.020 of the Code o…

(a) As used in this code, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian organization,” “Indian tribe,” “reservation,” and “tribal court” shall be defined as provided in Section 1903 of the Indian Chi…

(a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members of…

(a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2007: (1) Paragr…

(a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe and shall comply with all of th…

(a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child’s…

The Judicial Council shall do all of the following: (a) Assist courts in implementing mediation and conciliation proceedings under this code. (b) Establish and implement a uniform statistical reporting system relating to proceedings brought for dissolution of marriage, for nullit…

The Judicial Council shall establish an advisory committee of persons representing a broad spectrum of interest in and knowledge about family law. The committee shall recommend criteria for determining grant recipients pursuant to subdivision (c) of Section 1850, which shall incl…

(a) There is in the State Treasury the Family Law Trust Fund. (b) Moneys collected by the state pursuant to subdivision (c) of Section 103625 of the Health and Safety Code, Section 70674 of the Government Code, and grants, gifts, or devises made to the state from private sources …

A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of thi…

The superior court has jurisdiction in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Ci…

Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) (1) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs. (2) The veteran may, at the…

A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by fi…