Can California Child Custody Mediation Work for You?

For many parents who disagree on child custody, family law mediation can be a step in the right direction. Mediation is a last-chance effort to establish agreeable terms and avoid litigation.

In many cases, parties enter into mediation hoping to find common ground regarding child custody, but what they find is that they come out of mediation better communicators. Learning the basic skills of productive communication can be life-changing for some parents.

What Is Mediation?

Mediation is a negotiation process used among divorcing couples and parents in custody cases to settle disagreements between two opposing parents of a child. While it might sound like a recipe for disaster, according to one study, mediation can actually foster better co-parenting and increase the father’s involvement in a child’s life, which makes sense because it generally results in a higher level of satisfaction in all parties.

The study also claims that mediation decreases the chance of re-litigation, results in a better outcome for the child, and is a safer, less expensive, and more efficient solution than traditional litigation. Mediation doesn’t solve everything, but it does give parents a safe space to discuss their concerns and work out their disputes with the discerning voice of a moderator to encourage constructive discussions.

Preparing in Advance for Mediation

Prior to attending mediation, think about your ideal parenting plan and consider what areas you would be flexible on and what areas you believe are the most important for your child’s well-being. That way, you can have some room for negotiating terms that are in the interest of your child.

Understanding the Potential Outcomes of Mediation

The worst-case scenario in mediation is that no compromises and no agreements are made. When there is no agreement, the case automatically goes to the judge for the court to decide. If there are some areas of agreement, but there is just one area the opposing parties can’t compromise on, such as visitation schedules, it is considered a partial agreement.

When mediation results in no agreement or a partial agreement, mediation isn’t totally wasted. Some counties in California require families who do not have a parenting plan to enter into mediation. If the mediation results in no agreement, the mediator changes roles and is then required to report to the judge as an influencer on the court’s decision for custody.

In California, this is called custody recommending counseling. Researchers who studied California participants of this type of mediation found that in 60% of the cases, the court’s decision for custody was directly predicted by the mediator’s report, making mediation a powerful tool in more ways than one.

When an agreement is the outcome of mediation, it is called a full agreement. This is the premier goal of mediation. It means that both parties compromised and worked cordially to iron out any differences and successfully came to an agreement on custody, which resulted in an adequate parenting plan.

When a full agreement is made, the mediator may help the parties put the agreed-upon terms in writing to submit to the judge. A full agreement ultimately saves court costs, lawyer fees, and time by bypassing court litigation and going straight to the judge for approval. Additionally, the decisions are made by the parents, not the court. Once approved by the judge, the agreement becomes a court order, and there must be a modification hearing to make legal changes to the custody agreement going forward.

The Importance of Positive Co-Parenting

Co-parenting can be tough, but it will be so much easier on everyone, especially your child, if you develop positive and healthy skills to share the important job of parenting. Building an amicable foundation for co-parenting early on can make it easier moving forward.

California Courts’ Families Change website offers free online video courses and other resources to help families transition to separation and divorce. The Parenting After Separation Handbook offers advice for parents but also provides detailed explanations of the divorce process.

For example, it discusses shuttle mediation, which is an alternative to face-to-face mediation for parties who think their efforts would be more productive if they were separated. In this case, the mediator talks to one party in one room and then relays the information to the other party in another room, going back and forth, facilitating an agreement.

The Role of Mediation in Child Custody

At the very least, mediation allows parents to express their concerns and requests regarding custody of their child to the other parent. It allows both parties to advocate for their child. By starting out on the right foot and practicing fundamental positive habits, you can establish a standard from the beginning and build on that as you go.

FAQs

Q: Is Mediation Mandatory in California?

A: For some families, mediation is mandatory, but not for everyone. In California, family courts can order parents to undergo mediation, and this usually happens when the parties come to their hearing with no parenting plan. Even parents who aren’t court-ordered to participate in mediation can benefit from it, and many opt for mediation on their own without a court order.

Q: Are Mediations Confidential in California Family Court?

A: Yes, in California Family Court, mediations are confidential. However, the exception is when Family Court Services (FCS), a division of California’s Superior Court, mandates child custody recommending counseling. In this type of mediation, the mediator’s purpose is to be a liaison between the judge and the family, and the mediator’s custody recommendation report is a matter of public record. Otherwise, conversations in mediation are privileged and shared only with the judge.

Q: Does California Allow Temporary Custody Orders?

A: In some child custody cases, a judge will grant temporary child custody arrangements when necessary to protect a child’s well-being. This is called an ex parte order, and it must be requested of the court using form FL-305. This is a court order that establishes custody until the date of the hearing, when a permanent custody order can be determined.

Q: What Is a Parenting Plan in California?

A: A parenting plan is a document that defines the legal and physical custody of children whose parents are no longer together. It is also called a visitation agreement or custody agreement. A parenting plan delineates the shared but separate parental rights and responsibilities of raising a mutual child. It also includes schedules for parent visitation, which may include holidays and vacation schedules.

At Bickford Blado & Botros, we agree with researchers who found that when clients are well-represented by their attorneys who have positive attitudes and high levels of mediation court experience, clients are more likely to have a successful outcome in child custody mediation. If child custody mediation is something you and your family would benefit from, we’d love to discuss your case with you. Contact Bickford Blado & Botros to schedule an appointment for consultation.

 

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