1800–1852: Conciliation Proceedings
When family disputes threaten to break down relationships — or when separation is already underway — the California court system offers more than just a pathway to divorce. Through conciliation proceedings, families can access services that aim to reduce conflict, explore reconciliation, and protect the interests of children. These laws are collected in Division 5 of the California Family Code (Sections 1800–1852), and this post walks through what they mean in practical terms.
Let’s break it down, section by section, in a way that’s understandable and useful.
1800–1802: The Basics of Family Conciliation Court Law
These opening statutes set the stage. First, Section 1800 gives this part of the Family Code its name: the Family Conciliation Court Law. Section 1801 explains its purpose — to promote and protect family life, shield the rights of children, and create peaceful resolutions in domestic conflicts. Rather than pushing people toward litigation, this part of the law encourages communication and reconciliation.
Importantly, Section 1802 makes clear that not every county in California must use these procedures. Instead, counties assess their own needs every January. If they determine there’s a demand for conciliation services based on social conditions or family case volume, the superior court activates these laws in that county.
1810–1820: How Family Conciliation Courts Operate
Once a county adopts this system, a Family Conciliation Court becomes part of the superior court. Section 1810 gives it jurisdiction over relevant cases, mostly involving family conflict and potential breakup.
The presiding judge (Section 1811) assigns at least one judge each year to hear these matters. If that judge is unavailable or overloaded, other judges can step in (Sections 1812–1813).
Sections 1814–1816 cover staff: counselors of conciliation, usually professionals with backgrounds in psychology, social work, or family counseling. These counselors are deeply involved. They hold conferences with parties, mediate disputes, make recommendations to judges, investigate family dynamics, and provide custody mediation. They must also undergo ongoing domestic violence training, ensuring they’re equipped to handle complex, high-conflict situations.
The system also allows counties to share services (Section 1820), so neighboring courts can collaborate on staffing and resources.
1830–1842: When and How Conciliation Proceedings Begin
Section 1830 defines when a conciliation case begins. If there’s a serious disagreement between spouses (or between parents, even if unmarried), and if there’s a minor child who could be affected, the family conciliation court has jurisdiction. Domestic violence cases fall under this as well, regardless of whether children are involved.
Before anyone files for divorce, legal separation, or child custody, either party can start a conciliation petition (Section 1831). This petition is meant to pause legal proceedings and bring the couple or parents into a structured conversation facilitated by the court.
Filing is free (Section 1835), and the court provides the forms and help needed to complete it (Section 1834). Once filed, the court sets a hearing, notifies all involved parties, and conducts the process informally, often as a series of conferences aimed at healing relationships and de-escalating disputes (Sections 1836–1838).
Section 1839 gives the court power to issue temporary orders — for example, to support a spouse or child during the proceedings — or to formalize reconciliation agreements. These are limited in duration unless both parties agree to extend them.
Crucially, once a conciliation petition is filed, the law places a 30-day hold on any new filings for divorce or separation (Section 1840). The goal is to give the process room to work before litigation takes over.
Sections 1841–1842 make clear that reconciliation efforts can happen alongside divorce cases, or even in cases without children if the court believes reconciliation is likely and won’t take away from its work on other cases.
1850–1852: Oversight and Support for Conciliation Services
These final sections shift to a statewide level. Section 1850 tasks the Judicial Council with helping courts implement conciliation and mediation programs. It also requires tracking case outcomes, supporting research into new dispute resolution methods, and funding training for court staff.
An advisory committee (Section 1851) helps guide the use of grants and research initiatives, ensuring courts are supported with evidence-based practices.
All of this is funded through the Family Law Trust Fund (Section 1852), which collects certain fees and donations and is managed by the Judicial Council. These funds can only be used for family law activities — especially those that improve the mediation and conciliation process.
What This Means for California Families
Division 5 of the California Family Code provides an alternative path for families in crisis. Rather than forcing every case into court battles, it creates space for families to slow down, talk, and possibly heal. It protects children’s well-being, encourages cooperation over conflict, and offers professional support for complex emotional and legal issues.
Whether you’re considering a legal separation or facing a custody issue, knowing about conciliation proceedings can help you understand your full set of options. These laws were designed to give families a fighting chance — not against each other, but against the pain and disruption that come with unresolved disputes.