Forbidden Provisions in Child Custody & Child Support Orders: Legal and Practical Considerations for the California Family Law Lawyers

Parents and attorneys often agree to custody or support provisions that seem harmless in the moment but later cause significant litigation and unnecessary expense. California law places firm limits on what parents may contract around, and any term that violates public policy — even one both parties agreed to and the court signed — is unenforceable. These problematic provisions frequently arise in stipulations that attempt to limit the court’s continuing jurisdiction over child custody, support, or attorney fees. When these clauses surface months or years later, they can trigger confusion, inconsistent rulings, and costly motion practice.

This article outlines real-world examples of invalid provisions — such as attempts to make child support non-modifiable, efforts to waive custody rights by stipulation, or clauses purporting to bind the court to religious-upbringing agreements — and explains why courts consistently strike them down. It concludes with practical drafting guidelines so family law practitioners can protect their clients, avoid void provisions, and ensure agreements remain enforceable long after they are signed.