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California Family Code Section 3028

Legal Research Home > California Laws > Family Code > California Family Code Section 3028

3028.  (a) The court may order financial compensation for periods
when a parent fails to assume the caretaker responsibility or when a
parent has been thwarted by the other parent when attempting to
exercise custody or visitation rights contemplated by a custody or
visitation order, including, but not limited to, an order for joint
physical custody, or by a written or oral agreement between the
parents.
   (b) The compensation shall be limited to (1) the reasonable
expenses incurred for or on behalf of a child, resulting from the
other parent's failure to assume caretaker responsibility or (2) the
reasonable expenses incurred by a parent for or on behalf of a child,
resulting from the other parent's thwarting of the parent's efforts
to exercise custody or visitation rights. The expenses may include
the value of caretaker services but are not limited to the cost of
services provided by a third party during the relevant period.
   (c) The compensation may be requested by noticed motion or an
order to show cause, which shall allege, under penalty of perjury,
(1) a minimum of one hundred dollars ($100) of expenses incurred or
(2) at least three occurrences of failure to exercise custody or
visitation rights or (3) at least three occurrences of the thwarting
of efforts to exercise custody or visitation rights within the six
months before filing of the motion or order.
   (d) Attorney's fees shall be awarded to the prevailing party upon
a showing of the nonprevailing party's ability to pay as required by
Section 270.

Last modified: February 22, 2013