When California Family Law Courts Order Counseling

Family law disputes can be difficult and, in some cases, ugly. In especially thorny cases involving child custody and visitation, California family law courts may require the parties to undergo mandatory counseling to resolve issues that they are unable to resolve amongst themselves. While most families dealing with divorce and related issues likely could benefit from counseling, mandatory court-ordered counseling typically is reserved for disputes that could negatively impact the children involved in them. The attorneys at our Stockton child custody law firm can help families resolve these issues.  

Reasons Why Courts Order Counseling 

California family law courts may order family counseling to help resolve child custody and/or visitation issues. Under California Family Code § 3190, a court may require the parents, any other party involved in the dispute, and the minor child to undergo outpatient counseling with a licensed mental health professional for up to one year. It may do so only if it finds all of the following: 

• There is a dispute between the parents, between the parents and the child, between the parents and another party seeking custody or visitation rights, or between the child and a party seeking custody or visitation rights that poses a substantial danger to the best interest of the child
• The counseling is in the best interest of the child
• The financial burden of the counseling does not otherwise jeopardize a party’s other financial obligations

Courts may consider any factor when determining whether a custody or visitation dispute poses a danger to the best interest of the child but are specifically directed by the statute to consider a history of domestic violence within the past five years between any of the parties listed above. If the court finds that there has been a history of domestic violence, it may order the parties to participate in the counseling separately and at separate times. 

Choosing a Counseling Provider  

Parties who are ordered to undergo counseling may choose their own providers. The law merely requires that the counseling be specifically designed to (a) facilitate communication between the parties, (b) reduce conflict regarding custody or visitation, and (c) improve the quality of parenting skills of each parent. The cost of the counseling is fixed by the court, with the costs being apportioned among the parties in a manner the court deems reasonable. 

Prohibited Counseling Practices

In 2023, § 3190 was updated to clarify that family law courts are prohibited from ordering treatments, programs, or services that require or result in any of the following: 

• No-contact orders
• Overnight, out-of-state, or multi-day stays
• A transfer of physical or legal custody of a child
• The use of private transportation involving force, threats of force, physical obstruction, or distressing circumstances 
• Threats of physical force, undue coercion, verbal abuse, isolation from the child’s family, community, or other sources of support 

Speak to an Attorney at Our Stockton Child Custody Law Firm 

If you’re going through an especially difficult child custody or visitation dispute, you should consider speaking to an experienced attorney. To get started, please contact an attorney at the Stockton child custody law firm of McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.