Title FAM, California Fam. Code

If a proceeding for enforcement under this chapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Chapter 2 (commencing with …

(a) A petition under this chapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for e…

Except as otherwise provided in Section 3451, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)

(a) Unless the court issues a temporary emergency order pursuant to Section 3424, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respond…

(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be remov…

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during…

A court of this state shall accord full faith and credit to an order issued by another state, and consistent with this part, enforce a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to …

(a) A law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care is against the public policy of this state…

An appeal may be taken from a final order in a proceeding under this chapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 3424, the enforcing court may not stay an order enforcing a child…

(a) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, a district attorney is authorized to proceed pursuant to Chapter 8 (commencing with Section 3130) of Part 2. (b) A district attorney acting under this se…

At the request of a district attorney acting under Section 3455, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the district attorney with responsibilities under Section 3455. (Added by Stats. 1999, Ch. 867, Sec. …

The court may assess all direct expenses and costs incurred by a district attorney under Section 3455 or 3456 pursuant to the provisions of Section 3134. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)

(a) In a judgment of dissolution of marriage or legal separation of the parties, the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable, based on the standard of living established du…

(a) In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon t…

In a proceeding for dissolution of marriage or for legal separation of the parties, the court shall make specific factual findings with respect to the standard of living during the marriage, and, at the request of either party, the court shall make appropriate factual determinati…

An order for spousal support in a proceeding for dissolution of marriage or for legal separation of the parties may be made retroactive to the date of filing the notice of motion or order to show cause, or to any subsequent date. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operati…

(a) If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. The court may, in the order, order the supported party to notify the supporting party, or the supporting party’s attorney …

An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration. (b) …

Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)…

In the enforcement of an order for spousal support, the court shall resort to the property described below in the order indicated: (a) The earnings, income, or accumulations of either spouse after the date of separation, as defined in Section 70, which would have been community p…

The court may order the supporting party to give reasonable security for payment of spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this part by filing a petition in an initiating tribunal for forwarding …

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

Except as otherwise provided in this part, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceed…

(a) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) to the responding tribunal or appropriate support enforcement agency in the responding state; or (2) if the identity of t…

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 5700.301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A respon…

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (b) A support enforcement agency of this state that is providing services to the petitioner shall: (1) take all steps necessary to enable an appro…

(a) If the Attorney General or the Department of Child Support Services determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General or the department may order the agency to perform its duties under this part…

An individual may employ private counsel to represent the individual in proceedings authorized by this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

(a) The Department of Child Support Services is the state information agency under this part. (b) The state information agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this part and any suppo…

(a) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 57…

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…

(a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurr…

(a) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.…

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part. (Added by Stats. 2015, Ch. 493, Sec. 5. (SB 646) Effective January 1, 2016.)

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document s…

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. …

A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state. (Added by Stats. 2015, Ch. 493, …

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified …

A law enforcement officer who requests an emergency protective order shall reduce the order to writing and sign it. (Added by Stats. 1993, Ch. 219, Sec. 154. Effective January 1, 1994.)

A law enforcement officer who requests an emergency protective order shall do all of the following: (a) Serve the order on the restrained person, if the restrained person can reasonably be located. (b) Give a copy of the order to the protected person or, if the protected person i…

(a) A law enforcement officer shall use every reasonable means to enforce an emergency protective order. (b) A law enforcement officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable. (Added by Stats. 1993, Ch. 219, Sec. 154. Ef…

A peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, may seek an emergency protective order relating to stalking under Section 646.91 of the Penal Code if the requirements of that section are complied with. (Added by Stats. 1997, Ch. 169, Sec. 1. Effective Jan…

(a) A law enforcement officer who responds to a situation in which the officer believes that there may be grounds for the issuance of an emergency protective order pursuant to Section 6250 of this code or Section 646.91 of the Penal Code, shall inform the person for whom an emerg…