Family Court Services

Family Court Services provides mediation for contested child custody and visitation disputes, grandparent visitation, and evaluation of the marriage of minors. Before parties can participate in mediation, they must be referred by court order. Parties are not able to self-refer.

Goals of Mediation

The goal of mediation is to alleviate the tension and anger that often occurs when parents are separating their lives. A parenting plan is a guide to both parents about which parent is to have the children and when. It cuts down on negative communication. There is no need to argue about who has what holiday because that has been written down and settled. Communication that may have gone badly is now not necessary because the parenting plan has laid down various rules and stipulations. Children should not have to hear their parents fighting over every minor issue, and the parenting plan resolves much of this.

Another goal of mediation is to help parents better communicate about their children. Suggestions will be made to help parents make a smoother path towards a new beginning. The children's best interest and age-appropriate time share suggestions will be made.

A parenting plan means parents do not have to go to a hearing and argue about how they will share the children. They will make the parenting plan up between them and with the assistance of the mediator. They are part of the process in self-determining how they will share the children instead of going to hearing and having their attorneys take over.

Child Custody and Visitation Mediation

WHAT IS IT?
When parents separate or divorce, they need to decide how the children will be shared between the two of them. Children, too, need to know what is happening in their lives. If parents cannot come to an agreement on these issues, they will be sent to mediation to work this out.

WHEN IS IT?
Custody and visitation issues are usually referred to mediation on Monday afternoon from the Law & Motion Calendar in Department 3. At the time of the referral, both parents are sent from the courtroom to the mediation office to make an appointment as soon as possible. The mediator will file a report within four weeks.

WHAT HAPPENS?
Both parents will meet with a mediator who will help them work out a parenting plan. This plan covers weekends, time during the week, holidays, summers, and any stipulations either parent wishes to include. If necessary, the children will be spoken to outside the presence of either parent to give their input into the process. If an agreement is reached, the matter goes back to court four weeks after the referral, and the agreement is made into a court order.

If there is no agreement, an evaluation will be done that will include contacting whoever the parents deem may have information to assist in the evaluation. That report is sent to the Court, and the matter proceeds to hearing. The mediation report then becomes additional information during the time of trial.

IS ANYONE ELSE SENT TO MEDIATION?
Mediation is also the forum to determine grandparent, step-parent, or guardianship visitation. The mediator will meet with the parties in these actions and will also speak to the children, if necessary. A report will be sent to the Court at the conclusion of the mediation.

IS THERE ORIENTATION?
A short orientation talk is given prior to mediation to address the needs of children going through a separation with their parents. This will help both parents better understand what is expected during the mediation process and what their children might be feeling as parents separate their lives.

WHAT ABOUT DOMESTIC VIOLENCE?
If there is an issue about domestic violence, the intake form you receive will explain the three options you may choose. You may engage in a regular session, bring a support person with you, or have separate sessions.

HOW LONG DOES IT TAKE?
Mediation usually takes about one and a half to two hours, depending on the number of issues which need to be discussed. This would include talking to the children.

Conclusions

Parents know their children better than anyone. It is parents, therefore, who should have the right to self-determine how they will share their children and bring them to adulthood with minimal post-separation distress. A mediator can help and guide you to a parenting plan that is satisfactory to both parents and works well for the children.

For more information:
    California Courts Online Self-Help Center: Families & Children