AB2789 - Mediation: child custody and visitation.

Assembly Bill No. 2789 CHAPTER 118 An act to amend Section 3176 of the Family Code, relating to mediation. [ Approved by Governor August 22, 2026. Filed with Secretary of State August 22, 2026. ] LEGISLATIVE COUNSEL'S DIGEST AB 2789, Committee on Judiciary. Mediation: child custody and visitation. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents and, consistent with specified findings, requires the court’s primary concern to be the health, safety, and welfare of the child. Existing law requires a court to set the contested issues for mediation when it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested. Existing law requires notice of mediation to be given to each party, and where a stepparent or grandparent seeks visitation rights, to the stepparent or grandparent seeking visitation rights, to each parent of the child, and to each parent’s counsel of record. Existing law requires notice to be given by certified mail, return receipt requested, postage prepaid, to the last known address. This bill would require all parties to be given written notice of mediation, including, among others, by court staff when all parties are present for a court hearing. The bill would require the court to develop a notice of mediation that includes that all communications between the mediator and the disputing parties are required to be confidential and, if there has been a history of domestic violence between the parties or a protective order is in effect, that the mediator is required to meet with the parties separately and at separate times at the request of the party alleging domestic violence, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 3176 of the Family Code is amended to read: 3176. (a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation is required to settle a contested issue of custody or visitation, to each party and to each party’s counsel of record. (2) Where a stepparent or grandparent seeks visitation rights, to the stepparent or grandparent seeking visitation rights, to each parent of the child, and to each parent’s counsel of record. (b) Notice of mediation shall be given in writing to all parties by one of the following methods: (1) By court staff when all parties are present for a court hearing. (2) By court staff when a party is present at the courthouse. (3) As part of a notice of hearing or court order filed by the court clerk, provided to a party, and served on the other party. (4) By mail, express mail, overnight delivery, or facsimile transmission. (5) By electronic service on parties who are represented by counsel and by the consent of parties who are self-represented, pursuant to Section 1010.6 of the Code of Civil Procedure and Rule 2.251 of the California Rules of Court. (c) Each court shall develop a notice of mediation pursuant to subdivision (b) that includes both of the following: (1) All communications involving the mediator shall be kept confidential between the mediator and the disputing parties pursuant to Section 3188. (2) Where there has been a history of domestic violence between the parties, including allegations or a finding of domestic violence, or where a protective order, as defined in Section 6218, is in effect, the party alleging domestic violence may request that the appointed mediator meet with the parties separately and at separate times pursuant to Section 3181 and Rule 5.215, or successor section, of the California Rules of Court.