Family Court Services

General Information
Child Custody Mediation
Important Things to Know Before Mediation
Important Things to Know After Mediation
Child Custody Evaluations
Other Important Information

General Information

As we approach summer months and the end of the school year, we anticipate an increase in the number of parties requiring mediation services from FCS due to the parties seeking change of custody or change of school for their child before the start of the new school year.

If you are seeking to resolve any custody/parenting issues before the beginning of the next school year in late August or September, please be aware that it can take more than 9-10 weeks after the filing of an Order to Show for the parties to be seen for FCS Mediation during the summer months.

The Office of Family Court Services is located in Room 104 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Sacramento, CA 95826.

The hours of operation are from 8:15 a.m. to 4:30 p.m., with telephone hours from 8:00 a.m. to 4:00 p.m. at 916-875-2600.

The Office of Family Court Services performs child custody mediation and evaluation services, under-age marriage permissions, and emancipation evaluations upon court referral. Family Court Services offers an orientation class to prepare for child custody mediation and evaluations at no fee.

Child custody mediation is provided free of charge to the parties and generally occurs before the first court appearance. Mediation may include, but is not limited to, interviews with the parents, children, other parties who may be legally joined to the case, and other individuals who may have information about the situation.

To receive mediation services, customers must have an established Family Law case in Sacramento County. Services are made available either by filing for a court hearing and then being referred for mediation services or by the filing of a Petition for Mediation. Emergency referrals are available only when referred by a judge.

If a Domestic Violence Restraining Order is in place, the parties are entitled to separate mediation sessions and customers are advised to inform the front counter staff of the restraining orders prior to the setting of the mediation appointments.

Child Custody Mediation

Mandated mediation	Family Code section 3170 requires mediation whenever issues of custody or visitation are in dispute. This applies whenever a "party to the case" wants to obtain or change a custody or visitation order and the other party does not agree to the change.
What is mediation?	Mediation is a form of negotiation between people with the help of a professional mediator who will assist them in reaching an agreement regarding custody and parenting issues Family Court Services mediation is provided free of charge to the parties and generally occurs before the first court appearance.
What is the purpose of mediation?	The purpose of mediation is: To help reduce the hostility that may exist between the parties; To develop an agreement that assures the child(ren) frequent and continuing contact with both parents and that assures the health, safety and welfare of the child(ren). To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the child(ren).
What does mediation include?	Mediation may include, but is not limited to, interviews with the parents, child(ren), other parties who may be legally joined to the case, and other individuals who may have information about the situation. Mediation also includes the review by the mediator of the "Social History" form that is completed prior to attending mediation, and other documents important to the case that may be submitted by either party.
When does mediation occur?	Generally mediation occurs approximately two weeks before the scheduled court hearing on disputed custody and visitation issues.
Who conducts the mediation?	The court employs experienced Family Law Counselors who have Master’s Degrees and specialized training in areas pertaining to children and families. These areas include, but are not limited to, conflict resolution, parenting techniques, children’s developmental stages, domestic violence, substance abuse, and child abuse and neglect.
What if we can’t reach an agreement during mediation?	In most cases, parties can successfully resolve and agree on custody and parenting time issues. However, if the parties are unable to reach a full or even partial agreement, the mediator will prepare a written recommendation to the court on the issues that the parties have been unable to agree on. In some cases, especially where there is a great deal of hostility between parents or serious allegations such as abuse or neglect, the mediator may recommend a temporary custody and/or parenting plan and also recommend that the court order a custody evaluation before making permanent orders. However, the mediator can only make recommendations. It is the judge who will make the final decision.
What is a custody evaluation?	A custody evaluation is an in-depth investigation into the facts of the case. This may include, but is not limited to, interviews with the parents, children, other parties who may be legally joined to the case, and other individuals who may have information about the situation. The investigation may also include evaluations written by other mental health professionals, or other important reports (i.e., court records, police reports, etc.) relating to the family. The mediator may also visit the home or the school site as appropriate. A custody evaluation generally takes up to 60 days to complete and the parties must pay a fee for this service.

Important Things to Know Before Mediation

Setting appointments	When you appear at Family Court Services, you will be given a day and time to meet with the next available mediator. If this is your first visit to Family Court Services, or if you have not been to mediation in the past year, you will also be given a date to attend the Parent Orientation class.
What is Parent Orientation?	Parent Orientation is a program designed to teach parents about children’s developmental stages and how they impact parenting plans. Time is also spent discussing conflict resolution, effective methods to "co-parent," and Sacramento County’s model for mediation and evaluation. Orientation is held, by appointment, at the Office of Family Court Services and lasts for about 1.5 hours. Both parties should attend prior to participation in mediation. There is no fee for this class.
Do children attend orientation?	Children should not attend orientation. This class is for parents only. Child care for children ages 1-12 years may be available in the Children’s Playroom located on the first floor of the Family Relations Courthouse.
What if I cannot attend orientation?	It is very important that you make every effort to attend this class. If an emergency prevents one party from attending orientation, the mediation appointment will still take place as scheduled. However, if both parties fail to attend orientation, the mediation appointment will be cancelled. If this occurs, it is important that you still appear at the court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend orientation and/or mediation.
Can I submit information to FCS before my mediation appointment?	You should submit a completed "Social History Questionnaire" before your mediation appointment. However, for all other information, it is the policy of the court that information submitted to FCS by one party must be served on the other party (or parties if there are other individuals legally joined to the case). The following policies apply to submission of all information (including written documents, audio and video tapes, and photographs): No more than twenty-five (25) pages of written documentation may be submitted to FCS; Information must be submitted at least five calendar days before the mediation appointment; A Proof of Service form stating that the other party was also provided with copies of this information must be submitted with all documents. Information that does not have a Proof of Service attached will not be considered by the mediator; Audiotapes will not be considered if the party was unaware that he/she was being taped.
Can I talk to the mediator before the mediation appointment?	"Ex parte contact" is not allowed by parties or attorneys at any time prior to completion of the report. Ex parte contact means one party (or attorney) contacting the mediator without the other party being present or having knowledge of the nature of the discussion. Ex parte contact after the report is completed is permissible. However, if the mediator receives information following completion of the report and believes an addendum is necessary, the mediator must make the "new" information known to the other party.
What if I miss my mediation appointment?	Because of the short time frame between the mediation appointment and the court hearing, another appointment cannot be scheduled. If the other party attends as scheduled, the mediation will go forward without your input. If time allows, the mediator may attempt to reach you by telephone. If both parties fail to attend mediation, the appointment will be dropped and the court notified of your failure to attend. If this occurs, it is important that you still appear at the court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.
Do children attend mediation?	Yes. Bring all children ages 5 years and older who are directly involved in the case to the mediation appointment. Although it is up to the discretion of the individual mediator as to whether or not they need to be interviewed, you are still required to bring them to the appointment.
Are both parties interviewed together?	Yes. Mediators interview both parties together. The exception to this policy is if there has been an alleged history of domestic violence, or when there is a protective order in effect and one party has requested separate interviews.
I have a domestic violence restraining order. May I bring a support person?	Yes. A support person may accompany you to the mediation appointment. However, the support person cannot participate in, and is required to maintain confidentiality of, the mediation session. A mediator may exclude a support person from a session if: The support person attempts to participate in the session; The support person acts as an advocate for the victim in a session; The support person’s presence or actions disrupt the session.

Important Things to Know After Mediation

Mediation report	At the conclusion of your mediation session, the mediator will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the Mediation Report. As previously mentioned, the mediator will make a written recommendation to the court on any issues that have not been resolved during mediation. A copy of this report will be available for pickup by you, or your attorney if you are represented, at the Office of Family Court Services seven (7) calendar days before your court hearing date.
What if I don’t agree with the mediator’s recommendations?	If you received mediation upon direct referral from the court, or as a result of you or the other party filing an OSC/NOM, you already have a court date set. If you do not agree with the mediator’s recommendations, you may state your position to the judge during your court hearing. Be prepared to give specific information to the judge as to why you disagree with any of the mediator’s recommendations. If your mediation occurred as a result of either party filing a Petition for Mediation, no court date has been set. Therefore, the recommendation will not be reviewed and acted on by a judge until one of the parties files an OSC/NOM. Once that occurs, you will be given a date to appear in court. At that court appearance, you may tell the judge why you disagree with the recommendation.
What if we reach a full agreement during mediation?	If you were able to reach an agreement with the other party on all custody and visitation issues, the mediator will prepare a written agreement for each of you to sign. If neither of you are represented by an attorney, FCS will forward the agreement to the court for approval. Once approved, it will become an official court order. However, if an attorney represents one or both parties, you will not be asked to sign the agreement. Instead you will be directed to present it to the attorney for review and submission to the court.
Do we still go to court if we reach an agreement?	If custody and visitation are the only issues in dispute, then FCS will notify the court of your agreement and the court hearing will be dropped. However, if there are other issues that the court has been asked to act on, you must still appear on your scheduled court date.
Are mediation reports confidential?	Yes. Mediation reports are confidential and are not allowed to be copied or distributed to anyone other than the court, an attorney of record, or the named parties to the proceeding, with the following exception: In certain instances the court allows the exchange of information to other agencies in the justice system. Specific information can be obtained from FCS.
How do I Change by Court Date?	If you need a new court date because you were not able to serve your Motion or Order to Show Cause on the other party in the time proscribed by statute, and the hearing date has not yet occurred, you may request a new hearing date by completing an Application and Order for Reissuance of Order to Show Cause (form FL-306/JV-251). After you complete the forms, make a copy for each party to the case and attach the copies to the Order to Show Cause or Notice of Motion packets that you previously filed. File the original and all copies in Room 100 on the first floor of the Family Relations Courthouse. There is no filing fee for this filing. The clerk will assign you a new hearing date. If you need a new hearing date due to a conflict in your schedule and you have already served the other party, you and the other party must submit a written stipulation, signed by all parties, and their attorneys if they are represented by counsel, stating that you would like the hearing continued and indicating a new proposed hearing date. Submit your stipulation in Room 100 at one of the filing windows in the drop box located next to the Information Booth on the first floor. There is no fee for this filing.
Can I Attend the Hearing by Telephone?	It is up to the Judge in the department where your hearing is scheduled to decide whether you can appear by telephone. Factors the Judge will consider include the distance you would have to travel, the issues to be decided at the hearing and the reason for your request. In order to request a telephone appearance, contact the clerk for the department where your hearing is scheduled. Be prepared to provide your case number and the date and time of your hearing.
How do I get my Order Enforced?	If you have an order granting you custody of your child and the other parent takes or keeps your child in violation of that order, you may contact the Sacramento County District Attorney’s Child Abduction Unit. If the other parent is refusing to obey the visitation order, you may be able to use their noncompliance as a basis for modifying the order in the future. In order to do so, it is essential that you keep accurate records of all visitation violations. Do this by keeping a journal or making notations on a personal calendar. If visitation exchanges are to occur at a public location, keep receipts or other documents showing the date and time that you were at the location. It is also a good idea to send a certified letter to the other party or their attorney notifying them of the visitation violation and your intention to seek a modification of the order if they continue to violate it. Keep a copy of this letter in case the other party continues to disobey the Court order.
How do I Increase or Decrease Visitation?	If you have a child custody and visitation order from Sacramento County, you can modify that order to increase or decrease the visitation time of yourself or the other parent by completing and filing an Order to Show Cause packet. Form packets with instructions are available from Window 6 in Room 100 on the first floor of the Family Relations Courthouse or at the Court’s Internet site, www.saccourt.com. If you need additional assistance with the forms, and are not represented by an attorney, the Family Law Facilitator’s Office offers an Order to Show Cause workshop by appointment only. To inquire about scheduling a workshop appointment, visit the Family Law Facilitator’s Office in the Self Help Center located in room 113 on the first floor of the Family Relations Courthouse.
How do I get Copies of my Mediation Report or Court Order?	You can request an additional copy of your Mediation Report from Family Court Services in Room 104 on the first floor of the Family Relations Courthouse. You will need to bring valid photo-identification. There is a nominal fee for the copies. You can obtain a copy of a Court order by going to Family Law Records in Room 102 on the first floor of the Family Relations Courthouse. You will need to bring valid photo-identification. There is a nominal fee for the copies. If no order has been prepared and you are representing yourself, you can seek assistance from the Family Law Facilitator’s Office in Room 100 on the first floor of the Family Relations Courthouse.

Child Custody Evaluations

Custody evaluation recommendations and reports	The custody evaluation report will provide recommendations that are based on the professional judgment of the child custody evaluator regarding a parenting plan that is in the best interests of the child(ren).
How long does it take to complete a custody evaluation?	Generally the court will continue your case for sixty (60) days if a custody evaluation has been ordered. During this time, FCS will conduct interviews, collect and review information, and write their evaluation report.
Will I receive a copy of the report?	Yes. If attorneys represent both parties, a copy of the recommendation will be faxed to your attorney. If only one or neither or you are represented by an attorney, then a copy will be made available at FCS for your attorney to pickup if you are represented, or for you to pick up if you do not have an attorney.
Is the recommendation an order of the court?	A FCS report and recommendation has no legal status until the court acts on it. A party who wishes to have the report adopted must appear at a scheduled court hearing. If both parties are in agreement, the court may approve the FCS recommendations, or the court may decide to make other orders. If either party disagrees with the FCS recommendation, the matter may be set for further court hearings.
How much will a custody evaluation cost?	Custody evaluations, when ordered by the court and conducted by FCS, are charged at the rate of $75.00 per hour. If a custody evaluation is ordered, the court will make a determination as to the parties’ ability to pay. If the court finds that either party is able to pay all, or part, of the expense of the evaluation, the court will make an order requiring repayment to the court.
Are there any other options available?	Yes. You may choose to use the services of a private evaluator instead of returning to FCS for the custody evaluation. The court has a list of private mediators who are approved to conduct court-ordered child custody evaluations. Private mediators generally charge a fee that is similar to or slightly higher than the fee charged by FCS. If you prefer to use the services of a private mediator for the custody evaluation, you should mention this to judge at the time of your hearing.

Other Important Information

Mediator conflict of interest	Mediation/evaluation of cases that involve family law attorneys or their spouses, relatives, friends, or co-workers of the mediator may present a conflict of interest. It is the policy of the court to avoid conflicts or the appearance of a conflict of interest. Therefore, in these cases, parties may be referred to private mediators unless both parties agree to waive any objection. If parties agree to waive the conflict of interest objection, mediators will mediate, however they will not make recommendations in these situations. A mediator will not handle a case in which they perceive that a serious conflict of interest exists.
Petitions for Mediation	If you have an existing Sacramento County case, you may be able to obtain free mediation services without filing an Order to Show Cause or Notice of Motion. You can do this by filing a Petition for Mediation directly with FCS. Upon the filing of a petition, an appointment will be scheduled for you to meet with a mediator. If, during the mediation session, you reach a full agreement with the other party, FCS will assist you in submitting that agreement to the Court to become an order. If you do not reach a full agreement, FCS will prepare a mediation report with recommendations on the issues you disagree on. This report does not become a court order until you appear in court. To set a hearing date you must file an Order to Show Cause or Notice of Motion. Following is a list of policies applying to Petitions for Mediation: When one party files a petition for mediation with FCS, the notice of appointment for orientation and mediation will be mailed to both parties. Mediation appointments will be set no later than 28 days following the date the petition was filed. Parties are only allowed to file one Petition for Mediation during a six-month period. If a party files a Petition for Mediation and the court subsequently makes an order for private mediation, the order for private mediation shall supercede the Petition for Mediation and the FCS appointment shall be cancelled.
Immediate referrals from the court	The court may refer parties to FCS to provide expedited services. Generally this occurs in cases where either parent presents an immediate danger or risk of harm to the child(ren). Parties are usually seen in FCS within a day of the referral being made. A date to return to court is usually set to occur within 1 to 3 days following the referral. Immediate referrals may involve, but are not limited to, the following situations: Physical abuse Sexual abuse Emotional abuse or neglect Domestic violence Alcohol or substance abuse Allegations of flight risk or abduction
Reports to Child Protective Services	Family Law Counselors are "mandated reporters". This means they are legally obligated to report to Child Protective Services (CPS) any situation that may pose an imminent danger or risk to the child(ren). Parties will be informed when referrals are made to CPS for risk assessment.
Complaints about FCS services	Family Court Services is committed to the delivery of quality mediation and evaluation services. If you should have a complaint regarding services received, you may register your complaint orally or in writing to the Supervising FCS Mediator at 916-875-2600 or 3341 Power Inn Road, Sacramento, California, 95826.
FCS fees	A rate of $75.00 per hour is charged for custody evaluations. If the court orders a custody evaluation, the court will make a determination as to the parties’ ability to pay. If the court finds that either party is able to pay all or part of the expense, the court may make an order requiring that person repay the court for the amount the court determines appropriate. A deposit of $150.00 is required any time a FCS mediator/evaluator is subpoenaed to attend a court hearing or proceeding as a witness. The party issuing the subpoena will be charged, at the rate of $59.00 per hour, for the actual time spent preparing for court testimony and/or deposition and the actual time spent testifying.
Testimony and depositions	The following rules apply to the subpoena of a mediator/evaluator: If the mediator/evaluator is to be examined in court, he/she must receive the subpoena 5 working days before the court hearing; Due to time constraints, it is recommended that the party issuing the subpoena contact FCS 20 days before the court hearing to determine the mediator/evaluator’s availability. Depositions will take place at the Office of Family Court Services after 3:00 p.m. on a regular court day or at a mutually agreed upon time.