| When parents separate or divorce in | | | | the mediator will not report to the court |
| California and child custody is contested, | | | | what was discussed in mediation. Mediators |
| the parties can attend child custody | | | | may report to the court a signed mutual |
| mediation to sort out their disagreements. | | | | agreement which has been mutually accepted by |
| Child custody mediation is a form of | | | | both parties. Mediators may recommend a child |
| alternative dispute resolution that may be | | | | custody evaluation or investigation or that |
| scheduled by appointment with the appropriate | | | | an attorney be appointed to represent the |
| County Family Court Services mediation | | | | child. Mediators are generally mandated |
| department or Conciliation Courts. | | | | reporters of child abuse, which means they |
| | | | are required to report suspicion of child |
| In a contested child custody matter, child | | | | abuse to Child Protective Services or CPS. |
| custody mediation is often required before | | | | |
| the parties can have a litigated hearing. In | | | | California Family Code section 3170-3173 |
| other words, the parties must first attempt | | | | describes the availability of child custody |
| to sort out their child custody and | | | | mediation and addresses child custody and |
| visitation disagreements through child | | | | visitation disputes involving modifications, |
| custody mediation before a Superior Court | | | | domestic violence, adoptions, paternity, and |
| judge or commissioner will hear the child | | | | stepparent and grandparent petitions. |
| custody dispute. | | | | California Family Code section 3160-3165 |
| | | | describes the general provisions of child |
| Typically in child custody mediation, both | | | | custody mediation and its purpose. |
| parents are asked to complete a child custody | | | | |
| mediation information form, which helps the | | | | However, since the specific details of child |
| mediator learn more about the child custody | | | | custody mediation and mediators may differ |
| and visitation issues being disputed before | | | | from county to county in California and can |
| meeting with the parents. The mediator may | | | | change over time, you may want to inquire |
| meet with the parents together or | | | | with the appropriate Superior Court |
| individually and will typically facilitate | | | | courthouse for more information. Further, you |
| the discussion in attempts to help the | | | | would be wise to consult a divorce attorney |
| parents resolve their disputes. In child | | | | or family law attorney to help you learn more |
| custody mediation, the parties may resolve | | | | about the local processes and local rules for |
| all, some, or none of the child custody | | | | child custody mediation and learn if child |
| issues being disputed. | | | | custody mediation is the right approach for |
| | | | your situation. |
| In counties where mediation is confidential, | | | | |