Counseling of Parents and Children in Custody Cases

Division 8, Part 2, Chapter 12 of the Family Code deals with counseling of parents and children in cases regarding the custody of a minor child.

Section 3190 authorizes a court to 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 specified conditions met.

In determining whether a dispute poses a substantial danger to the best interest of the child, the court is required to consider any history of domestic violence 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.

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 is required to fix the cost and order the entire cost of the services to be borne by the parties in the proportions the court deems reasonable. The court, in its finding, is required to set forth reasons why it has found both of the specified conditions.

Section 3191 requires the counseling pursuant to this chapter must 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.

Section 3192 provides that, in a proceeding in which counseling is ordered, 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, is in effect, the court may order the parties to participate in counseling separately and at separate times. Each party bears the cost of the party’s own counseling separately, unless good cause is shown for a different apportionment.

Section 3193 prohibits a court from ordering family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or result in any of the five specified circumstances.