Chapter 12 - Counseling of Parents and Child

Sections (4)

Amended by Stats. 1998, Ch. 229, Sec. 1. Effective January 1, 1999.

(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.

§ 3191

Amended by Stats. 1993, Ch. 219, Sec. 116.91. Effective January 1, 1994.

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.

§ 3192

Amended by Stats. 2019, Ch. 115, Sec. 38. (AB 1817) Effective January 1, 2020.

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.

§ 3193

Added by Stats. 2023, Ch. 865, Sec. 3. (SB 331) Effective January 1, 2024.

(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.