POLITICS: California Proceedings for Conciliation – USSA News

California’s Family Code, in Division 5, Part 1, Chapter 3 deals with proceedings for conciliation in family conciliation court.

Section 1830 states that, when a controversy exists between spouses, or when a controversy relating to child custody or visitation exists between parents regardless of their marital status, and the controversy may, unless a reconciliation is achieved, result in dissolution of the marriage, nullity of the marriage, or legal separation of the parties, or in the disruption of the household, and there is a minor child of the spouses or parents or of either of them whose welfare might be affected thereby, the family conciliation court has jurisdiction as provided in this part over the controversy and over the parties to the controversy and over all persons having any relation to the controversy.

Section 1831 states that, before the filing of a proceeding for determination of custody or visitation rights, for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, either spouse or parent, or both, may file in the family conciliation court a petition invoking the jurisdiction of the court for the purpose of preserving the marriage by effecting a reconciliation between the parties, or for amicable settlement of the controversy between the spouses or parents, so as to avoid further litigation over the issue involved.

Section 1832 requires the petition to be captioned substantially as set forth in this section. Section 1833 requires the petition to include seven items.

Section 1834 requires the court clerk to provide blank forms for petitions for filing. The probation officers of the county and the attachés and employees of the family conciliation court are required to assist a person in the preparation and presentation of a petition under this part if the person requests assistance.

Section 1835 prohibits any fee from being charged by any officer for filing the petition. Section 1836 requires the court to fix a reasonable time and place for hearing on the petition. The court must provide notice to be given to the respondents of the filing of the petition and of the time and place of the hearing that the court deems necessary.

Section 1837 allows the family conciliation court to be convened at any time and place within the county, and the hearing may be held in chambers or otherwise.

Section 1838 requires the hearing to be conducted informally as a conference or a series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues in controversy. The court may, with the consent of both parties to the proceeding, recommend or invoke the aid of medical or other specialists or scientific experts, or of the pastor or director of any religious denomination to which the parties may belong.

Section 1839 authorizes the court to make orders in respect to the conduct of the spouses or parents and the subject matter of the controversy that the court deems necessary to preserve the marriage or to implement the reconciliation of the spouses.

During the pendency of a proceeding under this part, the superior court may order a spouse or parent, as the case may be, to pay an amount necessary for the support and maintenance of the other spouse and for the support, maintenance, and education of the minor children, as the case may be.

Section 1840 provides that, during a period beginning upon the filing of the petition for conciliation and continuing until 30 days after the hearing of the petition for conciliation, neither spouse is allowed to file a petition for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties.

After the expiration of the specified period, if the controversy between the spouses, or the parents, has not been terminated, either spouse may institute a proceeding for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, or a proceeding to determine custody or visitation of the minor child or children.

Section 1841 specifies that, if a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties is filed, the case may be transferred at any time during the pendency of the proceeding to the family conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy in accordance with this part if both of the specified circumstances appear to the court.

Section 1841 states that, if an application is made to the family conciliation court for conciliation proceedings in respect to a controversy between spouses, or a contested proceeding for dissolution of marriage, but there is no minor child whose welfare may be affected by the results of the controversy, the court may accept and dispose of the case in the same manner as similar cases involving the welfare of children are disposed of.