An act to amend Section 3176 of the Family Code, relating to mediation.
Summary
AB 2789 would amend Section 3176 of the Family Code to change how notice of mediation is provided in child custody and visitation disputes. Under current law, notice is generally sent by certified mail to the parties and, in some cases, to stepparents or grandparents seeking visitation. The bill would require written notice to all parties and would allow notice to be delivered in several additional ways, including by court staff when the parties are present at a hearing or at the courthouse, through court-filed notices or orders, by mail or facsimile, and by electronic service in specified circumstances.
The bill also requires each court to develop a standardized notice of mediation that informs parties that communications with the mediator are confidential. In cases involving a history of domestic violence, allegations or findings of domestic violence, or an existing protective order, the notice must also explain that the party alleging domestic violence may request separate and staggered meetings with the mediator, consistent with existing court rules and statutes. The measure is aimed at improving notice, clarifying confidentiality, and increasing safety protections in custody and visitation mediation.
Impact
AB 2789 would revise Family Code Section 3176, expanding the authorized methods for serving mediation notices and requiring courts to use a notice form that includes confidentiality language and domestic-violence-related accommodations. It would affect parties in contested custody and visitation matters, including parents, counsel, and in some cases stepparents and grandparents seeking visitation. The bill does not create a new mediation program, but it changes procedural requirements for courts and mediators in family law cases.
Sentiment
The available voting record suggests broad support for the bill. It passed the Assembly committee vote 12-0 and was reported with a recommendation to the consent calendar, indicating little or no opposition at that stage. No committee transcript is available in the provided materials, so the discussion record does not show any articulated concerns or amendments beyond the introduced language.
Contention
The main policy issues reflected in the bill are procedural rather than ideological: how notice should be delivered, how clearly confidentiality should be explained, and how to protect parties where domestic violence is present. Potential points of contention could involve the expanded use of electronic service and courthouse delivery, as well as the requirement that courts develop standardized notices. However, the provided record shows no recorded opposition, and the domestic-violence protections appear to be the central safety-related feature of the measure.