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HomeFamily CodeDiv. 8Pt. 2Ch. 11Art. 2§ 3170 Custody Mediation Requirements

§ 3170 Custody Mediation Requirements

Family Code·California
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§ 3170 Custody Mediation Requirements

If a custody or visitation case is disputed, the court must set up mediation, and domestic‑violence cases are handled by Family Court Services with special rules. The law also lets courts offer extra help like classes or booklets, and it started on Jan 1 2020.

Key Takeaways

  • •When custody or visitation is disputed, the court must set mediation.
  • •Domestic‑violence cases are dealt with by Family Court Services under a separate protocol.
  • •Courts can offer extra help like education programs, booklets, videos, or community referrals.
  • •The rule became effective on January 1, 2020.

Example

Two parents are fighting over who gets to see their child and both say they want different schedules.

Because the paperwork shows the custody issue is contested, the judge will schedule mediation so the parents can try to work it out together. If one parent has been abusive, the case will be sent to Family Court Services, which follows a special plan for handling domestic‑violence cases.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3170 Custody Mediation Requirements

(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.

Last verified: February 26, 2026

Related Statutes

  • § 3171 Stepparent Grandparent Visitation Mediation
  • § 3172 Mediation In Paternity Cases
  • § 3173 Custody Mediation Petition Process
  • § 3160 Court Mediation Availability
  • § 3161 Child Custody Mediation Goals

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 3170.
View Official Source