Family Code section 3012 - 'Parents Who May Be Deported May Appear in Proceedings by Telephone'

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CALIFORNIA FAMILY CODE

CUSTODY OF CHILDREN

EFFECT OF DEPORTATION ON CUSTODY PROCEEDINGS

Family Code Section 3012

(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 his or her 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.

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