Definition and Purpose of Mediation
Definition:
Family Code section 3170 requires
child custody mediation take place 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.
Mediation is a form of negotiation between people with the help of a
professional mediator who is a mental health professional. The
mediator will assist the parties in reaching an agreement
regarding custody, visitation and parenting issues for their children.
If parties do not reach agreements in all areas of the parenting
plan, the mediator will make recommendations to the court on the items
still in dispute. Prior to doing so, the mediator may interview
the children, other parties legally joined to the case, and other
individuals who may have pertinent information.
Purpose:
The purpose of child custody mediation is as follows:
- To reduce acrimony that may exist between the parties
- To develop an agreement assuring the child close and continuing
contact with both parents that is in the best interest of the child
and is consistent with other Family Code sections
- To effect a settlement of the issue of visitation rights of all
parties that is in the best interest of the child.
Definition of Evaluation
In some cases, where the court determines it is in the best interest
of the child, the court may appoint a child custody evaluator to conduct
a child custody evaluation. The custody evaluation will consider
the health, safety and welfare, and best interests of the children with
regard to disputed custody and visitation issues. The evaluation
may include interviews with the parents, children, grandparents, or
other parties who may be legally joined to the case. Other sources
of information may also be contacted such as teachers, day care
providers or medical providers. The evaluation could include
reports written by mental health professionals, law enforcement
agencies, drug and alcohol testing providers or reports from providers
of anger management or parenting classes.
Obtaining
Mediation Services
There are various ways to obtain mediation services to assist you in
resolving your dispute:
- If you file an Order to Show Cause or Notice of Motion for custody
and/or visitation issues, you will automatically be referred for
mediation services. Services will be provided by the Office
of Family Court Services (FCS), unless the parties agree to
obtain mediation services through the court-approved Private
Mediation Panel.
- You may file a Petition
for Mediation directly with FCS to obtain mediation services
without setting a court date.
- A Petition for Private Mediation
may be filed directly with the court requesting the court order the
parties to participate in private mediation.
- The Court may refer you directly to FCS following a court hearing.
- Prior to filing court documents, you may contact a mediator
through the Sacramento Superior Court Mediation Program and utilize
their services in reaching an agreement on your own.
Court Provided Child Custody Mediation and Evaluation Services
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 of 8:00 a.m. to 4:00 p.m. at
916-875-2600.
For more information on the Office of Family Court Services and
mediation and evaluation services, please click here.
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