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§ 583.161.Dismissal of Petition Filed Pursuant to Sections 299, 2250, 2330 Or 7600, Family Code

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 1. Definitions and General Provisions · Last amended 2014 · Last verified July 28, 2026

In one sentenceSection 583.161 exempts certain Family Code petitions -- for parentage, conservatorship of a developmentally disabled adult child's parent, marriage validity, or paternity -- from dismissal under this chapter whenever an active child or spousal support order, domestic violence restraining order, or bifurcated separate trial exists in the case.

Full Text of § 583.161

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A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following conditions exist:
(a) An order for child support or an order regarding child custody or visitation has been issued in connection with the proceeding and the order has not been (1) terminated by the court or (2) terminated by operation of law pursuant to Sections 3022, 3900, 3901, 4007, and 4013 of the Family Code.
(b) An order for spousal support has been issued in connection with the proceeding and the order has not been terminated by the court.
(c) A personal conduct restraining order has been issued pursuant to the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code) and the order has not been terminated by operation of law or by the court.
(d) An issue in the case has been bifurcated and one of the following has occurred:
(1) A separate trial has been conducted pursuant to Section 2337 of the Family Code.
(2) A separate trial has been conducted pursuant to the California Rules of Court.

Plain-English Summary

Some family-law petitions don't fit the ordinary dismissal-for-delay framework, because the case may stay open for years to administer ongoing support or protective orders. This section shields petitions filed under specified Family Code sections — covering parentage actions and related proceedings — from dismissal under this chapter whenever certain protections remain active.

The exemption applies if a child support, custody, or visitation order is in place and hasn't been terminated by the court or by operation of law under the listed Family Code sections; if a spousal support order remains in place and hasn't been terminated by the court; if a domestic violence restraining order issued under the Domestic Violence Prevention Act remains in effect; or if an issue in the case has been bifurcated and a separate trial on it has already been conducted under Family Code § 2337 or the California Rules of Court.

In each of those situations, the underlying support obligation, protective order, or bifurcated proceeding keeps the case alive in a way that makes the ordinary delay-based dismissal rules a poor fit — so this section takes those cases outside the chapter's reach while those circumstances persist.

Frequently Asked Questions

What kinds of petitions does § 583.161 protect from dismissal?

Petitions filed under Family Code §§ 299, 2250, 2330, or 7600 — parentage and related proceedings.

What keeps such a petition from being dismissed under this chapter?

An active, unterminated child support, custody, or visitation order; an active spousal support order; an active domestic violence restraining order; or a bifurcated issue that has already gone to a separate trial.

Why does this exception exist?

Because these cases often need to stay open to administer ongoing support obligations or protective orders, which doesn't fit the assumption behind ordinary delay-based dismissal that an inactive case should be closed.

Amendment History

Amended by Stats 2013 ch 40 (AB 522),s 1, eff. 1/1/2014.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: family code petition dismissal exemption californiaparentage case dismissal delay california