What is the test for admitting or excluding evidence in a Family Court proceeding?

Proceedings under the Family Code are governed by the same statutory rules of evidence that apply in other civil trials. (See Elkins v. Superior Court (2007) 41 Cal.4th

Page 10

1337, 1354; Fam. Code, 210.) Only relevant evidence is admissible. ( 350, 351.) Evidence is relevant if it has a "tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." ( 210.) The family court has broad discretion in deciding the relevance of evidence. (See People v. Babbitt (1988) 45 Cal.3d 660, 681.) In exercising its discretion to admit or exclude evidence, the court may consider the constraints of section 352, under which evidence is excluded if its probative value is outweighed by undue prejudice or necessitate undue consumption of time. ( 352.)