Tensions can run high in matters of divorce and child custody. The court wants to reduce conflict as much as possible and promote a good relationship between the parents for the benefit of their child. Often the parents are unable to agree, and this disagreement affects the child. Considering the best interest of the child, the court may order family counseling to help the parties work towards a successful and amicable co-parenting relationship for the benefit of their child. 

Under Family Code § 3190, in cases where there is a disagreement between parents related to child custody or visitation, the court can order parents or another party seeking visitation rights with the child, and the minor child to participate incounseling with a licensed mental health professional or through other programs available in the community that provide counseling, mental health or substance abuse services, for no more than one year. 

The court may order counseling if it finds both: 

1) The dispute between the parents, between the parents and the child, between the parents and another party seeking custody and visitation, or between a party seeking custody and visitation and the child, poses a substantial danger to the best interest of the child; 

and

2) Counseling is in the best interest of the child. 

To determine whether a dispute poses a substantial danger to the best interest of the child, the court will consider, in addition to a host of other relevant factors, any history of domestic violence within the past five years between the parents, between the child and either parent, or between the child and another person who may be involved in the custody dispute. In instances where there has been abuse and there is a protective order in place, the court will generally order counseling sessions to be separated as opposed to conjoint. 

If the court finds that the order for counseling creates a financial burden on the parties, the court may divide the costs proportionately between the parties or order one person to pay for counseling, depending on the parties’ income and expense declarations. If the court does not find a financial burden, under Family Code § 3192, each party shall bear the cost of counseling separately. 

There are many benefits to court-ordered counseling, such as: 

• Learning to communicate effectively with your co-parent and/or your child

• Learning to cope with stress and managing difficult emotions

• Making changes to unhealthy habits

• Allowing a space for children to communicate their needs, concerns, and emotions 

In 2023, the legislature limited court-ordered therapy to one-year as part of Family Code §3190, but also added section (e) which reads

“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.”

A good attorney will help the court make appropriate and not overreaching orders for therapy by ensuring the court understands the limits of its jurisdiction to order therapy for you, your spouse, and your children.

If there is not sufficient conflict or danger to the child, or there are other, less costly and intrusive ways to reduce conflict, the court may oppose or not issue an order for counseling. However, a good attorney will take care to ensure that the court is informed about why it should or should not order counseling for your family. Livingstone Law, APC has the experience and knowledge to advocate for you and your family’s best interests.