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California Family Code Section 3027 — Allegations of Child Abuse During Custody Proceedings

Jurisdiction: United States (California) · Citation: California Family Code § 3027 · Authoritative source: leginfo.legislature.ca.gov — § 3027

The statutory mechanism for handling allegations of child abuse (including sexual abuse) made during a child-custody proceeding. Authorises the court to take reasonable temporary protective steps and to request a CWS investigation under Welfare and Institutions Code § 328. Paired with § 3027.1 (sanctions for knowingly false abuse allegations), this is one of the most procedurally important provisions in the California PA context — because abuse-allegation tactics during custody disputes are one of the most common alienating-parent strategies and the courts need a quick triage mechanism.

Verbatim text (current consolidated)

3027.

(a) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding and the court has concerns regarding the child's safety, the court may take any reasonable, temporary steps as the court, in its discretion, deems appropriate under the circumstances to protect the child's safety until an investigation can be completed. Nothing in this section shall affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code.

(b) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding, the court may request that the local child welfare services agency conduct an investigation of the allegations pursuant to Section 328 of the Welfare and Institutions Code. Upon completion of the investigation, the agency shall report its findings to the court.

Why this matters for PA

  • Targets the highest-stakes alienation tactic. False or exaggerated allegations of child sexual abuse during custody proceedings are one of the most common — and devastating — alienating-parent strategies. § 3027 provides the structural triage: temporary protective measures + CWS investigation.
  • § 3027(a) "reasonable, temporary steps" is intentionally broad. In PA cases this means courts can:
  • Order supervised visitation pending investigation
  • Modify custody temporarily
  • Order psychological assessment of the alleging parent and/or child
  • Impose contact restrictions
  • But the temporary nature is critical — these orders are not findings.
  • § 3027(b) CWS investigation under W&I Code § 328 is the formal evidence-gathering mechanism. A "unfounded" CWS finding does not preclude PA findings — but is highly probative when combined with the alleging parent's history of similar allegations.
  • Paired with Cal. Family Code § 3027.1 — court may impose sanctions (attorney fees + monetary) on a parent who has made a knowingly false abuse accusation during custody proceedings. Together these create a deterrent-and-investigative framework around abuse-allegation tactics.
  • Family Code § 3030 (sex-offender presumption) and § 3044 (DV presumption) operate downstream of § 3027 — they kick in only on a finding (post-investigation), not on the bare allegation.
  • Practitioner caution. Some genuine abuse allegations are wrongly characterised as "alienating tactics" — § 3027 exists to protect the child first, and the CWS investigation is the safeguard against either error.

Cross-references

  • Cal. Welfare & Institutions Code § 328 — CWS investigation procedures
  • Cal. Welfare & Institutions Code §§ 16504, 16506 — child welfare service requirements not displaced by § 3027
  • Cal. Family Code § 3027.1 — sanctions for knowingly false abuse accusations
  • Cal. Family Code § 3030 — sex offender presumption
  • Cal. Family Code § 3044 — domestic violence presumption (see related entry)

Sources & authoritative references

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