What to expect from family court mediation
When you divorce or live apart from your child’s other parent, it is important that you develop a plan that describes how each of you will spend time with your child separate from the other parent. Each county court offers mediation where professionals help parents come up with a parenting plan agreement.
Mediation focuses on the best interests of children
Family law is based on the idea that children have a right to frequent and continuing contact with both parents. The primary focus of mediation is to make sure your child maintains a healthy relationship with you and the other parent.
Mediation allows parents to talk with each other about their child’s needs
Mediators are trained mental health professionals who are knowledgeable about child development, family dynamics, and the effects of separation, divorce, and trauma.
A mediator meets with both parents, listens to each of you, and then works with you so you can come up with a plan you can both agree is best for your child.
The mediator's job is to be impartial, keep things fair, help you look at different options, help you come up with a calendar for times with your child, and support you in your efforts.
Mediation helps parents create a parenting plan
The court believes that parents should make their own plans for their child since parents know their child and their child’s needs.
A parenting plan will deal with things like how you will make important decisions for your child, such as health care and education (called legal custody). The plan will also describe who your children live with most of the time (called physical custody), and how your child spends time with each parent (called parenting time or visitation).
Keep in mind that your parenting plan will change over time as your children grow and have different needs.
There are limits to what can be discussed in mediation
Mediation only addresses the legal and physical custody of the child and parenting time.
Issues that are not discussed in mediation:
Evidence against the other parent
Child support
Spousal support
You’ll talk about these issues with the judge in court.
Do not bring your children to mediation.
You must attend an orientation before going to mediation
If you have never gone to mediation before, or if it’s been a long time, you will have to go to orientation.
Some courts have their orientation online, some are in person, and some provide a combination of these methods.
Some will order you to go to orientation before your mediation appointment.
Some will have you do your orientation the same day of your mediation.
Check your court’s website for the programs offered by Family Court Services.
If you reach an agreement, you will have a court order
If you reach an agreement in mediation
If you and your children’s other parent reach an agreement in mediation, the judge will review it and decide whether to approve it. If approved, the judge will sign it and you will be done. You will have a court order.
If you don't reach an agreement
If you don’t reach an agreement in mediation, then the judge will make the decision about custody and parenting time in your case. Sometimes, it may happen the same day of mediation. Other times, you will have to return to court to see the judge.
There are two different types of mediation
Some courts use mediation, others use child custody recommending counseling.
Child Custody Information Sheet – Child Custody Mediation (form FL-314-INFO)
Child Custody Information Sheet – Recommending Counseling (form FL-313-INFO)
There are a few differences, so it can be helpful to find out which one your court uses so you know what to expect.
https://selfhelp.courts.ca.gov/child-custody/what-to-expect-mediation
