California Family Code 3012 – (a) If a party’s deportation or detention by the United States …
(a) If a party’s deportation or detention by the United States Immigration and Customs Enforcement of the Department of Homeland Security will have a material effect on the person‘s ability, or anticipated ability, to appear in person at a child custody proceeding, the court shall, upon motion of the party, allow the party to present testimony and evidence and participate in mandatory child custody mediation by electronic means, including, but not limited to, telephone, video teleconferencing, or other electronic means that provide remote access to the hearing, to the extent that this technology is reasonably available to the court and protects the due process rights of all parties.
(b) This section does not authorize the use of electronic recording for the purpose of taking the official record of these proceedings.
Terms Used In California Family Code 3012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Proceeding: includes an action. See California Family Code 110
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(Amended by Stats. 2019, Ch. 115, Sec. 24. (AB 1817) Effective January 1, 2020.)