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AB 2789

Mediation: child custody and visitation.

2025-2026 Regular Session

AB 2789 standardizes and strengthens notice and confidentiality for mediation in contested custody cases, allowing separate sessions in domestic violence scenarios.

Referred to Com. on JUD.
#mediation #childcustodyandvisitation
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Bill Summary · AB 2789

AB 2789 (2025-2026) — Mediation: Child Custody and Visitation

What the bill does (Purpose and intent)

  • AB 2789 amends the California Family Code to strengthen and standardize the notice and confidentiality requirements for mediation of contested custody or visitation issues.
  • The overarching aim is to ensure all parties are informed about mediation and that confidentiality is clearly described, with special provisions when there is a history of domestic violence or a protective order.

Key provisions and changes

  • Expanded notice requirements

    • The court must give written notice of mediation to all parties involved in a contested custody or visitation matter, and to each party’s counsel of record.
    • Notice also applies when a stepparent or grandparent seeks visitation rights (to the stepparent/grandparent, each parent, and each parent’s counsel of record).
    • Notice can be delivered by multiple methods, including:
    • Court staff at a court hearing or when a party is present at the courthouse
    • As part of a notice of hearing or court order
    • By mail, express mail, overnight delivery, or facsimile
    • By electronic service for counsel-represented parties (with consent for self-represented parties per applicable rules)

  • Integrated notice content on confidentiality

    • Notices of mediation must state that all communications involving the mediator are confidential between the mediator and the disputing parties, aligning with existing confidentiality provisions.

  • Confidentiality and protective measures in DV contexts

    • The court (via the notice of mediation) must include language about confidentiality, and:
    • If there is a history of domestic violence or a protective order is in effect, the party alleging domestic violence may request that the mediator meet with the parties separately and at separate times (i.e., separate sessions), as provided by Section 3181 and California Rules of Court Rule 2.251.

  • Operational framework for notices

    • Each court must develop its own notice of mediation consistent with the new requirements, including confidentiality and DV-related procedures.

Who would be affected

  • Families involved in custody/visitation disputes in California, including:
    • Contesting parents
    • Stepparents and grandparents seeking visitation rights
    • Counsel of record representing the parties
  • Court staff and local courts, which would implement standardized notice procedures and ensure the confidentiality provisions are reflected in the notices.
  • Parties experiencing domestic violence or under a protective order would have access to the option of separate mediations upon request.

Procedural and timeline aspects

  • The bill modifies the Family Code (Section 3176) to codify notice and confidentiality changes.
  • It specifies notice methods and required content, but does not create new funding or explicit deadlines beyond standard mediation scheduling practices.
  • Action history indicates consideration in the 2025-2026 session, with referral to the Judiciary Committee and typical first-time introduction procedures.

Practical impact and considerations

  • In practice, AB 2789 should improve transparency around mediation, ensure all parties receive formal written notice, and reinforce confidentiality of mediator communications.
  • The DV-related provision adds flexibility to protect victims by allowing separate sessions with the mediator, which can affect how mediation is conducted in sensitive cases.
  • By standardizing notice procedures, it may also streamline case management for courts and reduce disputes over whether parties were properly informed about mediation.

If you’d like, I can provide a one-page plain-language summary for general readers or a side-by-side comparison with current law to highlight every change.

Compiled from official sources — confirm details with the bill’s official record.

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