reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3131.

3131. If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person in violation of the order, the district attorney shall take all actions necessary to locate and return the child and the person who violated the order and to assist in the enforcement of the custody or visitation order or other order of the court by use of an appropriate civil or criminal proceeding.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3132.

3132. In performing the functions described in Sections 3130 and 3131, the district attorney shall act on behalf of the court and shall not represent any party to the custody proceedings.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3133.

3133. If the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover a child who is being detained or concealed in violation of a court order or a parent’s right to custody, the court may issue an order, placing temporary sole physical custody in the parent or person recommended by the district attorney to facilitate the return of the child to the jurisdiction of the court, pending further hearings. If the court determines that it is not in the best interest of the child to place temporary sole physical custody in the parent or person recommended by the district attorney, the court shall appoint a person to take charge of the child and return the child to the jurisdiction of the court.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3134.

3134. (a) When the district attorney incurs expenses pursuant to this chapter, including expenses incurred in a sister state, payment of the expenses may be advanced by the county subject to reimbursement by the state, and shall be audited by the Controller and paid by the State Treasury according to law.
(b) The court in which the custody proceeding is pending or which has continuing jurisdiction shall, if appropriate, allocate liability for the reimbursement of actual expenses incurred by the district attorney to either or both parties to the proceedings, and that allocation shall constitute a judgment for the state for the funds advanced pursuant to this section. The county shall take reasonable action to enforce that liability and shall transmit all recovered funds to the state.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3134.5.

3134.5. (a) Upon request of the district attorney, the court may issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed child. The request by the district attorney shall include a written declaration under penalty of perjury that a warrant for the child is necessary in order for the district attorney to perform the duties described in Sections 3130 and 3131. The protective custody warrant for the child shall contain an order that the arresting agency shall place the child in protective custody, or return the child as directed by the court. The protective custody warrant for the child may also contain an order to freeze the California assets of the party alleged to be in possession of the child. The protective custody warrant may be served in any county in the same manner as a warrant of arrest and may be served at any time of the day or night. For purposes of this subdivision, “assets” means funds held in a depository institution, as defined in subdivision (a) of Section 1420 of the Financial Code, in California.
(b) Upon a declaration of the district attorney that the child has been recovered or that the warrant is otherwise no longer required, the court may dismiss the warrant without further court proceedings.
(c) Upon noticed motion, any order to freeze assets pursuant to subdivision (a) may be terminated, modified, or vacated by the court upon a finding that the release of the assets will not jeopardize the safety or best interest of the child.
(d) If an asset freeze order is entered pursuant to subdivision (a), and the court subsequently dismisses the warrant pursuant to subdivision (b), notice of the dismissal shall be immediately served on the depository institutions holding any assets pursuant to the freeze order.
(Amended by Stats. 2012, Ch. 276, Sec. 3. (SB 1206) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 8 - Location of Missing Party or Child › Section 3135.

3135. Part 3 (commencing with Section 3400) does not limit the authority of a district attorney or arresting agency to act pursuant to this chapter, Section 279.6 of the Penal Code, or any other applicable law.
(Added by Stats. 1999, Ch. 867, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 9 - Check to Determine Whether Child is Missing Person › Section 3140.

3140. (a) Subject to subdivisions (b) and (c), before granting or modifying a custody order in a case in which one or both parents of the child have not appeared either personally or by counsel, the court shall require the parent, petitioner, or other party appearing in the case to submit a certified copy of the child’s birth certificate to the court. The court or its designee shall forward the certified copy of the birth certificate to the local police or sheriff’s department which shall check with the National Crime Information Center Missing Person System to ascertain whether the child has been reported missing or is the victim of an abduction and shall report the results of the check to the court.
(b) If the custody matter before the court also involves a petition for the dissolution of marriage or the adjudication of paternity rights or duties, this section applies only to a case in which there is no proof of personal service of the petition on the absent parent.
(c) For good cause shown, the court may waive the requirements of this section.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 10 - Appointment of Counsel to Represent Child › Section 3150.

3150. (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules 5.240, 5.241, and 5.242 of the California Rules of Court.
(b) Upon entering an appearance on behalf of a child pursuant to this chapter, counsel shall continue to represent that child unless relieved by the court upon the substitution of other counsel by the court or for cause.
(Amended by Stats. 2010, Ch. 352, Sec. 14. (AB 939) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 10 - Appointment of Counsel to Represent Child › Section 3151.

3151. (a) The child’s counsel appointed under this chapter is charged with the representation of the child’s best interests. The role of the child’s counsel is to gather evidence that bears on the best interests of the child, and present that admissible evidence to the court in any manner appropriate for the counsel of a party. If the child so desires, the child’s counsel shall present the child’s wishes to the court. The counsel’s duties, unless under the circumstances it is inappropriate to exercise the duty, include interviewing the child, reviewing the court files and all accessible relevant records available to both parties, and making any further investigations as the counsel considers necessary to ascertain evidence relevant to the custody or visitation hearings.
(b) Counsel shall serve notices and pleadings on all parties, consistent with requirements for parties. Counsel shall not be called as a witness in the proceeding. Counsel may introduce and examine counsel’s own witnesses, present arguments to the court concerning the child’s welfare, and participate further in the proceeding to the degree necessary to represent the child adequately.
(c) The child’s counsel shall have the following rights:
(1) Reasonable access to the child.
(2) Standing to seek affirmative relief on behalf of the child.
(3) Notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child.
(4) The right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections, and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, appeals, and arbitrations.
(5) Access to the child’s medical, dental, mental health, and other health care records, school and educational records, and the right to interview school personnel, caretakers, health care providers, mental health professionals, and others who have assessed the child or provided care to the child. The release of this information to counsel shall not constitute a waiver of the confidentiality of the reports, files, and any disclosed communications. Counsel may interview mediators; however, the provisions of Sections 3177 and 3182 shall apply.
(6) The right to reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation, for purposes of the proceeding, which has not been ordered by the court.
(7) The right to assert or waive any privilege on behalf of the child.
(8) The right to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding, upon approval by the court.
(Amended by Stats. 2010, Ch. 352, Sec. 15. (AB 939) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 10 - Appointment of Counsel to Represent Child › Section 3152.

3152. (a) The child’s counsel may, upon noticed motion to all parties and the local child protective services agency, request the court to authorize release of relevant reports or files, concerning the child represented by the counsel, of the relevant local child protective services agency.
(b) The court shall review the reports or files in camera in order to determine whether they are relevant to the pending action and whether and to what extent they should be released to the child’s counsel.
(c) Neither the review by the court nor the release to counsel shall constitute a waiver of the confidentiality of the reports and files. Counsel shall not disclose the contents or existence of the reports or files to anyone unless otherwise permitted by law.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 10 - Appointment of Counsel to Represent Child › Section 3153.

3153. (a) If the court appoints counsel under this chapter to represent the child, counsel shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. Except as provided in subdivision (b), this amount shall be paid by the parties in the proportions the court deems just.
(b) Upon its own motion or that of a party, the court shall determine whether both parties together are financially unable to pay all or a portion of the cost of counsel appointed pursuant to this chapter, and the portion of the cost of that counsel which the court finds the parties are unable to pay shall be paid by the county. The Judicial Council shall adopt guidelines to assist in determining financial eligibility for county payment of counsel appointed by the court pursuant to this chapter.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3160.

3160. Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3161.

3161. The purposes of a mediation proceeding are as follows:
(a) To reduce acrimony that may exist between the parties.
(b) To develop an agreement assuring the child close and continuing contact with both parents that is in the best interest of the child, consistent with Sections 3011 and 3020.
(c) To effect a settlement of the issue of visitation rights of all parties that is in the best interest of the child.
(Amended by Stats. 1997, Ch. 849, Sec. 5. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3162.

3162. (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council.
(b) The standards of practice shall include, but not be limited to, all of the following:
(1) Provision for the best interest of the child and the safeguarding of the rights of the child to frequent and continuing contact with both parents, consistent with Sections 3011 and 3020.
(2) Facilitation of the transition of the family by detailing factors to be considered in decisions concerning the child’s future.
(3) The conducting of negotiations in such a way as to equalize power relationships between the parties.
(c) In adopting the standards of practice, the Judicial Council shall consider standards developed by recognized associations of mediators and attorneys and other relevant standards governing mediation of proceedings for the dissolution of marriage.
(d) The Judicial Council shall offer training with respect to the standards to mediators.
(Amended by Stats. 1997, Ch. 849, Sec. 6. Effective January 1, 1998.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3163.

3163. 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.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3164.

3164. (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 counselor of conciliation as provided in Section 1815.
(Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 1 - General Provisions › Section 3165.

3165. 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 meet the same continuing education requirements specified in Section 1816 for supervising and associate counselors of conciliation.
(Added by Stats. 1996, Ch. 761, Sec. 4. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 2 - Availability of Mediation › Section 3170.

3170. (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 cases shall be handled by Family Court Services in accordance with a separate written protocol approved by the Judicial Council. The Judicial Council shall adopt guidelines for services, other than services provided under this chapter, that courts or counties may offer to parents who have been unable to resolve their disputes. These services may include, but are not limited to, parent education programs, booklets, video recordings, or referrals to additional community resources.
(c) This section shall become operative on January 1, 2020.
(Repealed (in Sec. 1) and added by Stats. 2017, Ch. 330, Sec. 2. (AB 1692) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 2 - Availability of Mediation › Section 3171.

3171. (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 required to participate in the mediation proceeding, but failure to participate is a waiver of that parent’s right to object to a settlement reached by the other parties during mediation or to require a hearing on the matter.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 2 - Availability of Mediation › Section 3172.

3172. 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.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 2 - Availability of Mediation › Section 3173.

3173. (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 concerning an existing order shall be set not later than 60 days after the filing of the petition.
(Amended by Stats. 2012, Ch. 470, Sec. 19. (AB 1529) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3175.

3175. 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.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3176.

3176. (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 stepparent or grandparent seeks visitation rights, to the stepparent or grandparent seeking visitation rights, to each parent of the child, and to each parent’s counsel of record.
(b) Notice shall be given by certified mail, return receipt requested, postage prepaid, to the last known address.
(c) Notice of mediation pursuant to Section 3188 shall state that all communications involving the mediator shall be kept confidential between the mediator and the disputing parties.
(Amended by Stats. 2002, Ch. 1077, Sec. 1. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3177.

3177. 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.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3178.

3178. 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, visitation, or a combination of these issues.
(b) Where a stepparent or grandparent seeks visitation rights, the agreement shall be limited to the resolution of issues relating to visitation.
(Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3179.

3179. 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 (commencing with Section 3100).
(Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3180.

3180. (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 shall use their best efforts to effect a settlement of the custody or visitation dispute that is in the best interest of the child, as provided in Section 3011.
(Amended by Stats. 2019, Ch. 115, Sec. 37. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3181.

3181. (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 written declaration under penalty of perjury or protected by the order, the mediator appointed pursuant to this chapter shall meet with the parties separately and at separate times.
(b) Any intake form that an agency charged with providing family court services requires the parties to complete before the commencement of mediation shall state that, if a party alleging domestic violence in a written declaration under penalty of perjury or a party protected by a protective order so requests, the mediator will meet with the parties separately and at separate times.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3182.

3182. (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 person from a mediation proceeding as provided in Section 6303.
(Repealed and added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3183.

3183. (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 children, with the recommendations in writing in advance of the hearing. The court shall make an inquiry at the hearing as to whether the parties and their attorneys have received the recommendations in writing. If the mediator is authorized to submit a recommendation to the court pursuant to this subdivision, the mediation and recommendation process shall be referred to as “child custody recommending counseling” and the mediator shall be referred to as a “child custody recommending counselor.” Mediators who make those recommendations are considered mediators for purposes of Chapter 11 (commencing with Section 3160), and shall be subject to all requirements for mediators for all purposes under this code and the California Rules of Court. On and after January 1, 2012, all court communications and information regarding the child custody recommending counseling process shall reflect the change in the name of the process and the name of the providers.
(b) If the parties have not reached agreement as a result of the mediation proceedings, the mediator may recommend to the court that an investigation be conducted pursuant to Chapter 6 (commencing with Section 3110) or that other services be offered to assist the parties to effect a resolution of the controversy before a hearing on the issues.
(c) In appropriate cases, the mediator may recommend that restraining orders be issued, pending determination of the controversy, to protect the well-being of the child involved in the controversy.
(Amended by Stats. 2010, Ch. 352, Sec. 16. (AB 939) Effective January 1, 2011.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3184.

3184. 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 inform the court of the reasons why it would be in the best interest of the minor child to have counsel appointed.
(Amended by Stats. 2002, Ch. 1077, Sec. 3. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3185.

3185. (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) Where a stepparent or grandparent requests visitation, each natural or adoptive parent and the stepparent or grandparent shall be given an opportunity to appear and be heard on the issue of visitation.
(Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3186.

3186. (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 or otherwise incorporated in an order unless each party, in person or by counsel of record, has affirmed and assented to the agreement in open court or by written stipulation.
(c) An agreement may be confirmed or otherwise incorporated in an order if a party fails to appear at a noticed hearing on the issue involved in the agreement.
(Added by Stats. 1993, Ch. 219, Sec. 116.87. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 11 - Mediation of Custody and Visitation Issues › ARTICLE 3 - Mediation Proceedings › Section 3188.

3188. (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 parties, except as otherwise provided in this section.
(2) If total or partial agreement is reached in mediation, the mediator may report this fact to the court. If both parties consent in writing, where there is a partial agreement, the mediator may report to the court a description of the issues still in dispute, without specific reference to either party.
(3) In making the recommendation described in Section 3184, the mediator may not inform the court of the reasons why it would be in the best interest of the minor child to have counsel appointed.
(4) If the parties have not reached agreement as a result of the initial mediation, this section does not prohibit the court from requiring subsequent mediation that may result in a recommendation as to custody or visitation with the child if the subsequent mediation is conducted by a different mediator with no prior involvement with the case or knowledge of any communications, as defined in Section 1040 of the Evidence Code, with respect to the initial mediation. The court, however, shall inform the parties that the mediator will make a recommendation to the court regarding custody or visitation in the event that the parties cannot reach agreement on these issues.
(5) If an initial screening or intake process indicates that the case involves serious safety risks to the child, such as domestic violence, sexual abuse, or serious substance abuse, the mediator may provide an initial emergency assessment service that includes a recommendation to the court concerning temporary custody or visitation orders in order to expeditiously address those safety issues.
(b) This section shall become operative upon the appropriation of funds in the annual Budget Act sufficient to implement this section.
(c) This section shall apply only in four or more superior courts selected by the Judicial Council that currently allow a mediator to make custody recommendations to the court and have more than 1,000 family law case filings per year. The Judicial Council may also make this section applicable to additional superior courts that have fewer than 1,000 family law case filings per year.
(Amended by Stats. 2012, Ch. 470, Sec. 20. (AB 1529) Effective January 1, 2013. Section operative as provided in subd. (b).)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 12 - Counseling of Parents and Child › Section 3190.

3190. (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 counseling, including, but not limited to, mental health or substance abuse services, for not more than one year, provided that the program selected has counseling available for the designated period of time, if the court finds both of the following:
(1) The dispute between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child, poses a substantial danger to the best interest of the child.
(2) The counseling is in the best interest of the child.
(b) In determining whether a dispute, as described in paragraph (1) of subdivision (a), poses a substantial danger to the best interest of the child, the court shall consider, in addition to any other factors the court determines relevant, any history of domestic violence, as defined in Section 6211, within the past five years between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child.
(c) Subject to Section 3192, if the court finds that the financial burden created by the order for counseling does not otherwise jeopardize a party’s other financial obligations, the court shall fix the cost and shall order the entire cost of the services to be borne by the parties in the proportions the court deems reasonable.
(d) The court, in its finding, shall set forth reasons why it has found both of the following:
(1) The dispute poses a substantial danger to the best interest of the child and the counseling is in the best interest of the child.
(2) The financial burden created by the court order for counseling does not otherwise jeopardize a party’s other financial obligations.
(e) The court shall not order the parties to return to court upon the completion of counseling. Any party may file a new order to show cause or motion after counseling has been completed, and the court may again order counseling consistent with this chapter.
(Amended by Stats. 1998, Ch. 229, Sec. 1. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 12 - Counseling of Parents and Child › Section 3191.

3191. 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.
(Amended by Stats. 1993, Ch. 219, Sec. 116.91. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 12 - Counseling of Parents and Child › Section 3192.

3192. 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 parties to participate in counseling separately and at separate times. Each party shall bear the cost of the party’s own counseling separately, unless good cause is shown for a different apportionment. The costs associated with a minor child participating in counseling shall be apportioned in accordance with Section 4062.
(Amended by Stats. 2019, Ch. 115, Sec. 38. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 8 - CUSTODY OF CHILDREN › PART 2 - RIGHT TO CUSTODY OF MINOR CHILD › CHAPTER 12 - Counseling of Parents and Child › Section 3193.

3193. (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 result in any of the following:
(1) A no-contact order.
(2) An overnight, out-of-state, or multiday stay.
(3) A transfer of physical or legal custody of the child.
(4) The use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk.
(5) The use of threats of physical force, undue coercion, verbal abuse, isolation from the child’s family, community, or other sources of support, or other acutely distressing circumstances.
(b) This section does not affect the applicability of Section 16507 of the Welfare and Institutions Code.
(Added by Stats. 2023, Ch. 865, Sec. 3. (SB 331) Effective January 1, 2024.)
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 3200.

3200. 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 monitor, as well as supervised visitation centers, including those housed in superior court locations. Provisions shall be made within the standards to allow for the diversity of supervised visitation providers.
(a) When developing standards, the Judicial Council shall consider all of the following issues:
(1) The provider’s qualifications, experience, and education.
(2) Safety and security procedures, including ratios of children per supervisor.
(3) Any conflict of interest.
(4) Maintenance and disclosure of records, including confidentiality policies.
(5) Procedures for screening, delineation of terms and conditions, and termination of supervised visitation services.
(6) Procedures for emergency or extenuating situations.
(7) Orientation to and guidelines for cases in which there are allegations of domestic violence, child abuse, substance abuse, or special circumstances.
(8) The legal obligations and responsibilities of supervisors.
(b) The Judicial Council shall consult with visitation centers, mothers’ groups, fathers’ groups, judges, the State Bar of California, children’s advocacy groups, domestic violence prevention groups, Family Court Services, and other groups it regards as necessary in connection with these standards.
(c) It is the intent of the Legislature that the safety of children, adults, and visitation supervisors be a precondition to providing visitation services. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided.
(d) Superior court locations may serve as supervised visitation and exchange locations. Superior courts may designate employees and contractors to provide supervised visitation and exchange services or assistance with those services.
(Amended by Stats. 2023, Ch. 493, Sec. 4. (SB 599) Effective January 1, 2024.)
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 3201.

3201. 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, 2022.)
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 3201.5.

3201.5. (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 of parental conflict on children, how to put a parenting agreement into effect, and the responsibility of both parents to comply with custody and visitation orders.
(Added by renumbering Section 3201 (as added by Stats. 1999, Ch. 1004, Sec. 2) by Stats. 2015, Ch. 303, Sec. 145. (AB 731) Effective January 1, 2016.)
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 3202.

3202. (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. The family law division of the superior court may contract with eligible providers of supervised visitation and exchange services, education, and group counseling to provide services under this chapter.
(b) As used in this section, “eligible provider” means:
(1) For providers of supervised visitation and exchange services, a local public agency or nonprofit entity that satisfies the Uniform Standards of Practice for Providers of Supervised Visitation.
(2) For providers of group counseling, a professional licensed to practice psychotherapy in this state, including, but not limited to, a licensed psychiatrist, licensed psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor; or a mental health intern working under the direct supervision of a professional licensed to practice psychotherapy.
(3) For providers of education, a professional with a bachelor’s or master’s degree in human behavior, child development, psychology, counseling, family-life education, or a related field, having specific training in issues relating to child and family development, substance abuse, child abuse, domestic violence, effective parenting, and the impact of divorce and interparental conflict on children; or an intern working under the supervision of that professional.
(Amended by Stats. 2013, Ch. 61, Sec. 1. (SB 826) Effective January 1, 2014.)
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 3203.

3203. 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 disruption, and group counseling programs for parents and children under this chapter. The programs shall allow parties and children to participate in supervised visitation between a custodial party and a noncustodial party or joint custodians, and to participate in the education and group counseling programs, irrespective of whether the parties are or are not married to each other or are currently living separately and apart on a permanent or temporary basis.
(Added by Stats. 1999, Ch. 1004, Sec. 4. Effective January 1, 2000.)