Fam. Code, § 3151 · Chapter 10. Appointment of Counsel to Represent Child
Fam. Code, § 3151
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The child’s counsel appointed under this chapter is charged with the representation of the child’s best interests. The role of the child’s counsel is to gather evidence that bears on the best interests of the child, and present that admissible evidence to the court in any manner appropriate for the counsel of a party. If the child so desires, the child’s counsel shall present the child’s wishes to the court. The counsel’s duties, unless under the circumstances it is inappropriate to exercise the duty, include interviewing the child, reviewing the court files and all accessible relevant records available to both parties, and making any further investigations as the counsel considers necessary to ascertain evidence relevant to the custody or visitation hearings.
(b) Counsel shall serve notices and pleadings on all parties, consistent with requirements for parties. Counsel shall not be called as a witness in the proceeding. Counsel may introduce and examine counsel’s own witnesses, present arguments to the court concerning the child’s welfare, and participate further in the proceeding to the degree necessary to represent the child adequately.
(c) The child’s counsel shall have the following rights:
(1) Reasonable access to the child.
(2) Standing to seek affirmative relief on behalf of the child.
(3) Notice of any proceeding, and all phases of that proceeding, including a request for examination affecting the child.
(4) The right to take any action that is available to a party to the proceeding, including, but not limited to, the following: filing pleadings, making evidentiary objections, and presenting evidence and being heard in the proceeding, which may include, but shall not be limited to, presenting motions and orders to show cause, and participating in settlement conferences, trials, seeking writs, appeals, and arbitrations.
(5) Access to the child’s medical, dental, mental health, and other health care records, school and educational records, and the right to interview school personnel, caretakers, health care providers, mental health professionals, and others who have assessed the child or provided care to the child. The release of this information to counsel shall not constitute a waiver of the confidentiality of the reports, files, and any disclosed communications. Counsel may interview mediators; however, the provisions of Sections 3177 and 3182 shall apply.
(6) The right to reasonable advance notice of and the right to refuse any physical or psychological examination or evaluation, for purposes of the proceeding, which has not been ordered by the court.
(7) The right to assert or waive any privilege on behalf of the child.
(8) The right to seek independent psychological or physical examination or evaluation of the child for purposes of the pending proceeding, upon approval by the court.
Notes and commentary — not statutory text
History
Amended by Stats. 2010, Ch. 352, Sec. 15. (AB 939) Effective January 1, 2011.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3151.
- Text hash
- sha256 5386b0d8284a39ae58aa040ebe40b18bc7317a50cccb0618f062a1aab6423da8
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Fam. Code, § 3151. Each shows the citation as that text prints it.
Family Code
California Rules of Court
- Cal. Rules of Court, rule 5.235Ex parte communication in child custody proceedingsPrinted as Family Code section 3151(c)(5)
- Cal. Rules of Court, rule 5.242Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedingsPrinted as Family Code section 3151 | Family Code sections 3111, 3151, 3151.5, 3153
- Cal. Rules of Court, rule 5.250Children's participation and testimony in family court proceedingsPrinted as Family Code section 3151
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.