Guidelines for developing parenting plans and issuing court orders involving virtual visitation

(a) Application

(1) This rule applies to orders for virtual visitation made in proceedings under the Family Code.

(2) Virtual visitation is defined in Family Code section 3100(f).

(b) Guidelines

In determining whether virtual visitation is in the best interest of the child, judicial officers and parties developing parenting plans:

(1) Must consider evidence of the following:

(A) Potential safety concerns, especially in cases involving domestic violence and abuse, including whether one of parties is living in a confidential shelter under Family Code section 3100(e);

(B) The parties’ access to firearms or ammunition under Family Code section 3100(e);

(C) Information provided by any:

(i) Child participation in the proceeding under Family Code section 3042;

(ii) Attorney appointed to represent the child under Family Code section 3150;

(iii) Child custody recommending counselor authorized to provide a recommendation under Family Code section 3183(a);

(iv) Child custody mediator authorized to communicate with the court about the case under Family Code section 216 and rule 5.235 of the California Rules of Court;

(v) Child custody evaluator or other expert under Family Code sections 3111 or 3118 or Evidence Code sections 730 or 733; or

(vi) Other person legally authorized to represent the child.

(2) Should consider evidence of the following:

(A) The child’s age and capacity to participate in virtual visitation;

(B) The provider’s experience and training with using remote technology to facilitate virtual visitation;

(C) The ability of the following persons to access the technology required to participate in, or implement, virtual visitation (for example, a computer, smartphone, laptop, desktop, or tablet, and an internet connection to allow for use of applications for audiovisual communications):

(i) The parents;

(ii) The child; and

(iii) The person providing, facilitating, or monitoring virtual visitation.

(D) Any other factors or information that weigh in favor of or against virtual visitation as part of the parenting plan or court order.