Family Court Services

Mediation helps parents build a parenting plan in a neutral setting. It gives both parents a place to discuss arrangements for their children, reduce conflict, and set guidelines for parenting after separation or divorce.

Mediation is currently being conducted remotely by a Mediator/Child Custody Recommending Counselor. Parents may be given the option to attend remotely or from the Hall of Justice, where they will meet with the mediator remotely. Sessions usually last 1½ to 2½ hours.

Although mediators are experienced in counseling, mediation is not counseling. The mediator stays neutral and helps both parents work toward a mutually acceptable agreement that is in the best interest of their child(ren). During mediation, both parents are expected to:

• Treat each other and the mediator with respect.
• Listen to each other to find real solutions.
• Put the child(ren) first, and consider their needs and what they can handle.

Please do not bring children to any part of the mediation process unless the Judge or Mediator/Child Custody Recommending Counselor asks you to. Childcare is not provided at the Hall of Justice.

Mandatory Mediation

When there is a dispute over child custody and visitation in a family law case, Family Code § 3170 requires the case to be set for mediation before the court hearing. In these cases, mediation is mandatory.

If parents reach an agreement, it will be drafted and sent to both parents to review and sign before it goes to the Judge for approval. If parents do not reach an agreement, the Mediator/Child Custody Recommending Counselor will prepare a recommendation and submit it to the Judge for review. The Judge, not the mediator, makes the final decision on the parenting plan.

How to schedule mandatory mediation

1. Fill out item 2 on your FL-300 – Request for Order form.
2. File your Request for Order packet with the clerk's office, and have the other party served in a timely manner.
3. Provide a copy of your Proof of Service to the court. An appointment cannot be scheduled until the court has it.
4. Contact the court to schedule your mediation appointment.

Voluntary Mediation

Parents who do not have a pending court case may request voluntary mediation. It is offered when the mediator's calendar allows, once both parents have submitted their Mediation Intake Packets and completed the online Mediation Orientation. If parents do not reach a complete agreement, the mediator will make a recommendation to the court on the unresolved issues.

Please note: Voluntary mediation is available once per year. If you need changes to your custody agreement within a year of your voluntary mediation date, you will need to file the appropriate paperwork to have your case placed on calendar for judicial review. See Local Rules of Court, Rule 12.1(B).

Preparing for Your Appointment

Before your first mediation appointment, both parents must:

1. Submit the Mediation Intake Packet.
2. Complete the online Mediation Orientation.
3. Confirm attendance with our office at least two court days before the appointment. If both parents have not confirmed, the appointment will be canceled.
4. Arrive on time. If you arrive late, your appointment may be canceled.

Your mediation appointment is treated as a court date. Missing it may result in a $100 sanction. See Local Rules of Court, Rule 12.1(M).

Both parents must attend for mediation to take place. If domestic violence is an issue in your case, you may request separate sessions and/or bring a support person with you. A support person must be 18 or older and cannot be a child of either parent, an attorney for either party, or a service provider (other than a mental health provider or domestic violence advocate).

Have more questions? See the Mediation FAQs further down this page.

Mediation FAQs

The Judge may order supervised visitation in custody cases where there are concerns about a child's emotional or physical well-being. Supervised visitation provides a structured, child-friendly setting that keeps the child safe during visits with a parent.

For more details, see Local Rules of Court, Rule 12.2 – Supervised Visitations.

For non-professional providers

A non-professional provider is a friend, family member, or other person who supervises visits without being paid for it. If you have agreed to supervise visits:

1. Read A Guide for Non-Professional Providers. It explains the role and answers common questions about supervising visits.
2. Complete and file the Declaration of Supervised Visitation Provider (Nonprofessional) [FL-324(NP)]. The provider must fill out this form, not the parents.

Have more questions? See the Custody & Visitation FAQs further down this page.

Custody & Visitation FAQs

Mediation is a form of conflict resolution in which parents meet with a neutral professional, the Mediator/Child Custody Recommending Counselor (CCRC), to try to resolve their differences about a parenting plan for their child(ren). The mediator gives each parent a safe place to speak and be heard, and shares information about the effects of parental separation, children's developmental needs, and how to share parenting responsibilities effectively.

Mediation gives parents the chance to make decisions about their child(ren) themselves. With a mediator's help, most parents are able to look past their own immediate needs and work together on a parenting plan that serves their child(ren)'s best interests.

If parents do not reach an agreement, the mediator is required to file a written report and recommendation with the court. Both parents receive a copy.

The judge, not the mediator, makes the final decision on the parenting plan. The mediator's recommendation is only one of several factors the judge considers, and each parent will have a chance to present their position to the judge.

Mediators are professionals with education and training in child and family development. The key focus for the Mediator is to create an atmosphere in which parents can communicate more effectively about future parenting arrangements and to help parents determine what is in the best interest of their child(ren).

Mediation sessions generally last 1½ to 2½ hours, depending on the complexity of the case. If the child(ren) need to be interviewed, additional time will be scheduled for that.

The most important thing you can do is complete the intake packet and orientation. Both parents must complete both before mediation.

• Mediation Intake Packet: Gives the mediator background information about what will be discussed during mediation.
• Mediation Orientation: Explains how to prepare for your session so you can clearly share your situation and move forward with your case.

If you don't have internet access, you can complete both on the public computers in the Access to Justice Center – Self-Help area of the Hall of Justice.

Yes. The court requires both parents to complete the Family Court Services online orientation before their scheduled mediation appointment. The judge will be notified if you do not complete it.

If you don't have internet access, you can complete the orientation on the public computers in the Access to Justice Center – Self-Help area of the Hall of Justice.

Mediation Orientation

In most cases, yes. Parents are usually best able to design a successful parenting plan when they work together. Even if it feels awkward or difficult to be in the same room, listening to each other's concerns helps both parents understand each other's point of view and focus on their children's best interests.

If you have been a victim of domestic violence, you may request a separate appointment. See "What if I have been a victim of domestic violence and am afraid to be in the same room with the other parent?" below.

You may request a separate mediation appointment after completing the intake packet and orientation. Family Court Services will not tell the other parent the date and time of your appointment, and you should not share it either.

If you choose to attend at the same time as the other parent:

• You may bring a support person with you (see "Am I allowed to bring a support person to the session?" below). They may be in the room but will not take part in the mediation.
• You will be offered a separate place to wait for your appointment.

In either case, your address, phone number, employer, and children's school will not be shared with the other parent. Please let the mediator know your wishes.

Generally, yes, if you allege that you are a victim of domestic violence. A support person is there to provide emotional support only.

A support person:

• Must be 18 or older.
• Cannot be a child of either parent.
• Cannot be an attorney for either party. Attorneys will not be approved as support persons.
• Cannot be a service provider, except a mental health service provider or domestic violence advocate.
• Cannot act as a legal advisor or give legal advice.
• Must sign a Family Court Services Statement of Understanding agreeing to keep mediation confidential.

The mediator may exclude a support person who participates, acts as an advocate, or disrupts the session.

Both parents should attend. Relatives and attorneys are not usually permitted at mediation.

Do not, under any circumstances, bring your children to the appointment unless the mediator requests it or the judge orders it.

In some cases, the mediator may need to interview the child(ren). If so, the parents and mediator will arrange the interview after the parents have completed mediation, and the mediator will explain the process in detail.

Need an interpreter? Bring a neutral adult who is fluent in both English and your language. An adult family member may interpret only when no other appropriate interpreter is available. A child of the parties may never serve as an interpreter.

Your mediation appointment is set by the court and is treated as a court date. Both parents are required to attend on time.

• Missing your appointment: Failing to attend may result in a $100 sanction on the absent parent.
• Confirming: Both parents must confirm their attendance with our office at least two court days before the appointment, or it will be canceled.
• Running late: If you arrive late, your appointment may be canceled.
• Reached an agreement before your appointment? Both parents must contact Family Court Services at least 48 hours before the appointment to cancel and let us know an agreement was reached, or each parent may be sanctioned $100.
• Emergencies: If an emergency keeps you from attending, contact Family Court Services and the other parent by 4:00 PM the day before the appointment, explain the situation, and ask to reschedule.

Any sanction must be paid before another appointment will be scheduled. Fee waivers do not apply to these sanctions.

This is a recommending court. If parents do not reach a full agreement, the mediator is required to make a recommendation to the judge, and cannot do so unless both parents attend their assigned appointment. In domestic violence cases, separate appointments are arranged in advance, and a recommendation can still be made.

The judge will be notified in writing if a parent cancels, does not show up, or is late.

See Local Rules of Court, Rule 12.1(M).

Mediation is private and confidential. What you say to the mediator, verbally or in writing, is confidential official information under the law, and the mediation file is confidential.

If parents do not reach a full agreement, information from mediation may be included in the mediator's written recommendation to the court. The recommendation is also confidential: only the court, the parties, their attorneys, expert witnesses, and anyone the court specifically allows may see it. If someone shares a confidential report without permission, the court may impose a monetary sanction.

There are some limits to confidentiality:

• Mediators are mandated reporters and must report suspected child abuse or neglect.
• If someone threatens to harm another person or themselves, the mediator may need to warn the intended victim or law enforcement.
• The mediator may be called to testify in your case.
• If the court orders a child custody evaluation, the evaluator may review the mediation file.
• Family Court Services may share that another court case exists to coordinate hearings and services.
• The fact that mediation took place, whether an agreement was reached, and any signed agreement filed with the court are not confidential.

See Local Rules of Court, Rule 12.1(K).

Generally, no. The mediator cannot have ex parte communication about your case, meaning a conversation about the substance of your case with one parent without the other parent's knowledge, presence, or consent. Exceptions include contact to:

• Schedule appointments
• Address domestic violence issues
• Carry out mandated reporting or the duty to warn
• Provide an interview to a child's court-appointed attorney
• Investigate or disclose a conflict of interest
• Address complaints
• Anything else the court authorizes

Any documents one parent wants the mediator to review must first be served on the other parent and submitted with a completed Proof of Service (LSC-FCS-100). For instructions, see the Information Sheet for Proof of Service (LSC-FCS-100-INFO), or "How do I submit documents to the mediator?" below.

Before the mediator can review any document you submit, the other parent must receive a copy. To submit documents:

1. Serve the other parent first. Give the other parent a copy by mail or personal delivery, or by email or text message if they have agreed to receive documents that way.
2. Complete a Proof of Service. Fill out the Proof of Service (LSC-FCS-100) to confirm how and when you served the documents.
3. Submit both to Family Court Services. Documents submitted without a Proof of Service will be returned and cannot be given to the mediator.

Family Court Services does not accept recordings of any kind, including audio, video, voicemail, and cell phone messages, unless the court has ordered it.

Forms:

• Information Sheet for Proof of Service (LSC-FCS-100-INFO): read this first for complete instructions.
• Proof of Service (LSC-FCS-100): complete and submit this with your documents.

The mediator will prepare your parenting plan as a legal document, and you will receive a copy.

If you do not have an attorney, you will sign the agreement, and it will be submitted to the judge at your assigned court date. If you have an attorney, you will review the document with your attorney before the court date.

When the judge ordered you to mediation, you were given a date to return to court. On that date, the judge will review your agreement and, if it is acceptable, sign it and make it an order of the court. The agreement is not a binding court order until the judge signs it.

If parents do not reach a full agreement, the mediator is required to give the court a recommendation on the issues still in dispute. To prepare it, the mediator may contact collateral sources, such as teachers and daycare providers, for more information. The mediator may also recommend a temporary parenting plan until the full recommendation is complete.

Both parents, and their attorneys if any, will receive a copy of the recommendation before the court date they were given when the judge ordered mediation. The recommendation is not a court order. At the hearing, the judge will consider it along with any other information presented and decide the parenting plan.

If you disagree with any part of the recommendation, you or your attorney should tell the judge which parts you disagree with at the hearing.

No. Mediation is for parenting matters. For assistance with financial issues or property issues, you can seek assistance from your attorney or the Family Law Facilitator/Self-Help Attorney, if you are not represented by an attorney.

Yes. Mediators are "mandated reporters." This means they are legally required to report suspected child abuse or neglect to Child Protective Services (CPS) or law enforcement. If the mediator is concerned about an imminent risk of harm to a child, the mediator may also contact the judge directly.

The mediator cannot force the other parent to participate in mediation.

If you have not been contacted to schedule an appointment, please contact Family Court Services at (530) 251-8205.

If the other parent has not responded, you will need to file a motion with the court to request the orders you were seeking. If you do not have an attorney, you can contact the Self-Help Attorney at (530) 251-3935 to schedule an appointment for help completing the forms needed to put your matter on calendar.

Complaints about Family Court Services, including how you were treated or the procedures used, must be submitted in writing to the Court Executive Officer. Use the online form on the Feedback to the Court page, or the printable Feedback Form, which is also available at the Clerk's Office.

• Please submit complaints about a mediator, or requests for a different mediator, as soon as possible, generally within 30 calendar days after your mediation session.
• The Court Executive Officer, or a designee, will review your complaint and respond in writing.

A complaint cannot change a court order. If you disagree with a custody or visitation order made by a judge, you must ask the court to review it through the appropriate filing.

Child custody refers to who cares for and makes decisions for a child under 18. In California, custody has two parts, and each can be sole or joint.

Legal custody is the right and responsibility to make decisions about the child's health, education, and welfare.

• Joint legal custody: Both parents share the right and responsibility to make these decisions.
• Sole legal custody: One parent has the right and responsibility to make these decisions.

Physical custody is who the child lives with most of the time.

• Joint physical custody: Each parent has significant periods of physical custody.
• Sole physical custody: The child lives with and is supervised by one parent. The court may order visitation for the other parent.

In general, after parents separate, it is considered best for children to have frequent and continuing contact with both parents, and for both parents to share the rights and responsibilities of raising them.

Court-ordered child custody usually ends when the first of these happens:

• The child turns 18.
• The child gets married or joins the military.
• The court ends custody.
• The child dies before turning 18.

In California, a person reaches the "age of majority" and is considered an adult on their 18th birthday. From that date on, child custody laws no longer apply.

Speak with an attorney about the proper way to proceed. If you do not have an attorney, you can get information from the Family Law Facilitator/Self-Help Attorney.

No. Visitation and child support are two separate issues, and child support must continue to be paid as ordered.

If you are having trouble seeing your child(ren) as scheduled, or the other parent is keeping you from seeing them as the court ordered, you need to return to court to address the situation.

Supervised visitation provides a structured, safe setting for parent-child contact when that contact presents a risk. This may be due to high conflict around the parents' separation, child abuse or neglect, a risk of flight or child abduction, or a long interruption in contact.

The provider (also called a monitor) stays neutral. They observe the visit and step in only if the child's emotional or physical safety is threatened or program guidelines are broken. As the "eyes and ears of the court," the provider can give the court or mediator objective information about the visits.

There are two types of supervision:

• Professional supervision: A trained professional supervises the visits for an hourly fee and follows state guidelines.
• Non-professional supervision: A family member or friend the parents agree on, or a specific person ordered by the court, supervises the visits and follows state guidelines for non-professional providers.

For more details, see Local Rules of Court, Rule 12.2 – Supervised Visitations.