Phone: (805) 845-5405 E: info@mysantabarbaralawyer.com

FAMILY CODE SECTION 5700.801-5700.802

5700.801. (a) For purposes of this chapter, “governor” includes an
individual performing the functions of governor or the executive
authority of a state covered by this part.
(b) The Governor may:
(1) demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee;
or
(2) on the demand of the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent
with this act applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.

5700.802. (a) Before making a demand that the governor of another
state surrender an individual charged criminally in this state with
having failed to provide for the support of an obligee, the Governor
may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support
pursuant to this act or that the proceeding would be of no avail.
(b) If, under this act or a law substantially similar to this act,
the Governor of another state makes a demand that the Governor of
this state surrender an individual charged criminally in that state
with having failed to provide for the support of a child or other
individual to whom a duty of support is owed, the Governor may
require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If
it appears that a proceeding would be effective but has not been
initiated, the Governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the Governor may
decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order,
the Governor may decline to honor the demand if the individual is
complying with the support order.