SECTIONS 3190-3192 - California Statutes

FAMILY.CODE

SECTION 3190-3192

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.

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.

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 his or her
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.