reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 13 - Supervised Visitation and Exchange Services, Education, and Counseling › Section 3204.

3204. (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 visitation programs pursuant to this chapter.
The Judicial Council shall be charged with the administration of the grant funds.
(b) (1) It is the intention of the Legislature that, effective October 1, 2000, the grant funds described in subdivision (a) shall be used to fund the following three types of programs: supervised visitation and exchange services, education about protecting children during family disruption, and group counseling for parents and children, as set forth in this chapter. Contracts shall follow a standard request for proposal procedure, that may include multiple year funding. Requests for proposals shall meet all state and federal requirements for receiving access and visitation grant funds.
(2) The grant funds shall be awarded with the intent of approving as many requests for proposals as possible while assuring that each approved proposal would provide beneficial services and satisfy the overall goals of the program under this chapter. The Judicial Council shall determine the final number and amount of grants. Requests for proposals shall be evaluated based on the following criteria:
(A) Availability of services to a broad population of parties.
(B) The ability to expand existing services.
(C) Coordination with other community services.
(D) The hours of service delivery.
(E) The number of counties or regions participating.
(F) Overall cost-effectiveness.
(G) The purpose of the program to promote and encourage healthy parent and child relationships between noncustodial parents and their children, while ensuring the health, safety, and welfare of the children.
(3) Special consideration for grant funds shall be given to proposals that coordinate supervised visitation and exchange services, education, and group counseling with existing court-based programs and services.
(c) The family law division of the superior court in each county shall approve sliding scale fees that are based on the ability to pay for all parties, including low-income families, participating in a supervised visitation and exchange, education, and group counseling programs under this chapter.
(d) The Judicial Council shall, on March 1, 2002, and on the first day of March of each subsequent even-numbered year, report to the Legislature on the programs funded pursuant to this chapter and whether and to what extent those programs are achieving the goal of promoting and encouraging healthy parent and child relationships between noncustodial or joint custodial parents and their children while ensuring the health, safety, and welfare of children, and the other goals described in this chapter.
(Amended by Stats. 2007, Ch. 738, Sec. 13. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3400.

3400. This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3403.

3403. This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3404.

3404. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421).
(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441).
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3405.

3405. (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this chapter and Chapter 2 (commencing with Section 3421).
(b) Except as otherwise provided in subdivision (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under Chapter 3 (commencing with Section 3441).
(c) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3406.

3406. A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 3408 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3407.

3407. If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3408.

3408. (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3409.

3409. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subdivision (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this part committed by an individual while present in this state.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3410.

3410. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subdivision (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3411.

3411. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court, on its own motion, may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 1 - General Provisions › Section 3412.

3412. (a) A court of this state may request the appropriate court of another state to do all of the following:
(1) Hold an evidentiary hearing.
(2) Order a person to produce or give evidence pursuant to procedures of that state.
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding.
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request.
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subdivision (a).
(c) Travel and other necessary and reasonable expenses incurred under subdivisions (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3421.

3421. (a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the following are true:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
(2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under Section 3427 or 3428, and both of the following are true:
(A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.
(B) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.
(3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Section 3427 or 3428.
(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subdivision (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
(d) The presence of a child in this state for the purpose of obtaining gender-affirming health care or gender-affirming mental health care, as defined by Section 16010.2 of the Welfare and Institutions Code, is sufficient to meet the requirements of paragraph (2) of subdivision (a).
(Amended by Stats. 2022, Ch. 810, Sec. 4. (SB 107) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3422.

3422. (a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or 3423 has exclusive, continuing jurisdiction over the determination until either of the following occurs:
(1) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships.
(2) A court of this state or a court of another state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under Section 3421.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3423.

3423. Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subdivision (a) of Section 3421 and either of the following determinations is made:
(a) The court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 3422 or that a court of this state would be a more convenient forum under Section 3427.
(b) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
(Repealed and added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3425.

3425. (a) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of Section 3408 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This part does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this part are governed by the law of this state as in child custody proceedings between residents of this state.
(Amended by Stats. 2008, Ch. 699, Sec. 3. Effective January 1, 2009.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3426.

3426. (a) Except as otherwise provided in Section 3424, a court of this state may not exercise its jurisdiction under this chapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Section 3427.
(b) Except as otherwise provided in Section 3424, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Section 3429. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement.
(2) Enjoin the parties from continuing with the proceeding for enforcement.
(3) Proceed with the modification under conditions it considers appropriate.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3428.

3428. (a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless one of the following are true:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction.
(2) A court of the state otherwise having jurisdiction under Sections 3421 to 3423, inclusive, determines that this state is a more appropriate forum under Section 3427.
(3) No court of any other state would have jurisdiction under the criteria specified in Sections 3421 to 3423, inclusive.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subdivision (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Sections 3421 to 3423, inclusive.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subdivision (a), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this part.
(d) In making a determination under this section, a court shall not consider as a factor weighing against the petitioner any taking of the child, or retention of the child after a visit or other temporary relinquishment of physical custody, from the person who has legal custody, if there is evidence that the taking or retention of the child was a result of domestic violence against the petitioner, as defined in Section 6211, or for the purposes of obtaining gender-affirming health care or gender-affirming mental health care, as defined by Section 16010.2 of the Welfare and Institutions Code, for the child and the law or policy of the other state limits the ability of a parent to obtain gender-affirming health care or gender-affirming mental health care for their child.
(Amended by Stats. 2022, Ch. 810, Sec. 7. (SB 107) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3429.

3429. (a) In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. However, where there are allegations of domestic violence or child abuse, any addresses of the party alleging violence or abuse and of the child which are unknown to the other party are confidential and may not be disclosed in the pleading or affidavit. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of, or visitation with, the child and, if so, identify the court, the case number, and the date of the child custody determination, if any.
(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding.
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(b) If the information required by subdivision (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in paragraphs (1) to (3), inclusive, of subdivision (a) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 2 - Jurisdiction › Section 3430.

3430. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Section 3408 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside this state is directed to appear under subdivision (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3441.

3441. In this chapter:
(a) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(b) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3442.

3442. Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3443.

3443. (a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.
(b) A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this chapter are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3444.

3444. (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either:
(1) A visitation schedule made by a court of another state.
(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of this state makes an order under paragraph (2) of subdivision (a), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Chapter 2 (commencing with Section 3421). The order remains in effect until an order is obtained from the other court or the period expires.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3446.

3446. (a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with Chapter 2 (commencing with Section 3421), a registered child custody determination of a court of another state.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3447.

3447. 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 Section 3421), the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3449.

3449. 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.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3450.

3450. (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 respondent establishes either of the following:
(1) That the child custody determination has not been registered and confirmed under Section 3445 and one of the following is true:
(A) The issuing court did not have jurisdiction under Chapter 2 (commencing with Section 3421).
(B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Chapter 2 (commencing with Section 3421).
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Section 3408, in the proceedings before the court that issued the order for which enforcement is sought.
(2) That the child custody determination for which enforcement is sought was registered and confirmed under Section 3445 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Chapter 2 (commencing with Section 3421).
(b) The court shall award the fees, costs, and expenses authorized under Section 3452 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of spouses or parent and child may not be invoked in a proceeding under this chapter.
(Amended by Stats. 2014, Ch. 82, Sec. 31. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3451.

3451. (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 removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subdivision (b) of Section 3448.
(c) A warrant to take physical custody of a child must do all of the following:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.
(2) Direct law enforcement officers to take physical custody of the child immediately.
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3452.

3452. (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 the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this part.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3453.

3453. 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 do so under Chapter 2 (commencing with Section 3421).
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3453.5.

3453.5. (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 and shall not be enforced or applied in a case pending in a court in this state.
(b) For the purpose of this subdivision, “gender-affirming health care” and “gender-affirming mental health care” shall have the same meaning as provided in Section 16010.2 of the Welfare and Institutions Code.
(Added by Stats. 2022, Ch. 810, Sec. 8. (SB 107) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3454.

3454. 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 custody determination pending appeal.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3455.

3455. (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 section acts on behalf of the court and may not represent any party.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3456.

3456. 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. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 3 - Enforcement › Section 3457.

3457. 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.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 4 - Miscellaneous Provisions › Section 3461.

3461. In applying and construing this Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 4 - Miscellaneous Provisions › Section 3462.

3462. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › CHAPTER 4 - Miscellaneous Provisions › Section 3465.

3465. A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.
(Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Definitions › Section 3500.

3500. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3550.

3550. (a) As used in this section:
(1) “Obligee” means a person to whom a duty of support is owed.
(2) “Obligor” means a person who owes a duty of support.
(b) An obligor present or resident in this state has the duty of support as defined in Sections 3900, 3901, 3910, 4300, and 4400, regardless of the presence or residence of the obligee.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3551.

3551. Laws attaching a privilege against the disclosure of communications between spouses are inapplicable under this division. Spouses are competent witnesses to testify to any relevant matter, including marriage and parentage.
(Amended by Stats. 2014, Ch. 82, Sec. 32. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3552.

3552. (a) In a proceeding involving child, family, or spousal support, no party to the proceeding may refuse to submit copies of the party’s state and federal income tax returns to the court, whether individual or joint.
(b) The tax returns may be examined by the other party and are discoverable by the other party. A party also may be examined by the other party as to the contents of a tax return submitted pursuant to this section.
(c) If the court finds that it is relevant to the case to retain the tax return, the tax return shall be sealed and maintained as a confidential record of the court. If the court finds that the tax return is not relevant to disposition of the case, all copies of the tax return shall be returned to the party who submitted it.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3554.

3554. An appeal may be taken from an order or judgment under this division as in other civil actions.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3555.

3555. Where support is ordered to be paid through the county officer designated by the court on behalf of a child or other party not receiving public assistance pursuant to the Family Economic Security Act of 1982 (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the designated county officer shall forward the support received to the designated payee within the time standards prescribed by federal law and the Department of Child Support Services.
(Amended by Stats. 2000, Ch. 808, Sec. 27. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3556.

3556. The existence or enforcement of a duty of support owed by a noncustodial parent for the support of a minor child is not affected by a failure or refusal by the custodial parent to implement any rights as to custody or visitation granted by a court to the noncustodial parent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3557.

3557. (a) Notwithstanding any other provision of law, absent good cause to the contrary, the court, in order to ensure that each party has access to legal representation to preserve each party’s rights, upon determining (1) an award of attorney’s fees and cost under this section is appropriate, (2) there is a disparity in access to funds to retain counsel, and (3) one party is able to pay for legal representation for both parties, shall award reasonable attorney’s fees to any of the following persons:
(1) A custodial parent or other person to whom payments should be made in any action to enforce any of the following:
(A) An existing order for child support.
(B) A penalty incurred pursuant to Chapter 5 (commencing with Section 4720) of Part 5 of Division 9.
(2) A supported spouse in an action to enforce an existing order for spousal support.
(b) This section shall not be construed to allow an award of attorney’s fees to or against a governmental entity.
(Amended by Stats. 2010, Ch. 352, Sec. 17. (AB 939) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 9 - SUPPORT › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 3558.

3558. In a proceeding involving child or family support, a court may require either parent to attend job training, job placement and vocational rehabilitation, and work programs, as designated by the court, at regular intervals and times and for durations specified by the court, and provide documentation of participation in the programs, in a format that is acceptable to the court, in order to enable the court to make a finding that good faith attempts at job training and placement have been undertaken by the parent.
(Added by Stats. 1996, Ch. 490, Sec. 1. Effective January 1, 1997.)