What Is Family Court Services Mediation in San Diego Family Court?
Perhaps you have filed or are thinking about filing for custody or visitation? Perhaps you’ve been given paperwork telling you that your child’s mother or father has scheduled a court date, and you’re being told you need to attend Family Court Services Mediation. What is Family Court Services Mediation in San Diego Family Court? While each case is different, this post will attempt to clarify the role Family Court Services Mediation has in San Diego Family Court custody and visitation proceedings.
Every case filed in Family Court in which a person is asking for custody and visitation orders will include what is called Family Court Services Mediation. San Diego Judges are required to order parties to attend Family Court Services Mediation before the hearing on the matter.
Family Court Services Mediation is a meeting between a court employee who has an advanced degree in children and family matters, often a Licensed Clinical Social Worker, and the parents of the child. The mediator will discuss the parenting issues that each parent sees and attempts to resolve issues through agreement, if possible. The topics discussed range from who will have legal custody, physical custody, and the parenting schedule, to other issues like communication, transportation, and safety issues. The concern of mediation and the judge hearing a case will always be “the best interest of the child.”
In the event the parents reach a full agreement with the assistance of the mediator, the mediator will write the agreement into their report.
In the event the parents cannot reach a full agreement, or cannot reach an agreement on all issues, the mediator will prepare a recommendation to the judge as to how to resolve the disagreements. The recommendation will include information provided by the parents, any information obtained by the mediator through collateral contacts, and the reason for the recommended course of action.
Whether the report is an agreement or a recommendation, or a combination of the two, the report will be provided to the judge and the parties prior to the court hearing date on the issue. At the court hearing date, the parties will have an opportunity to present their case and respond to the contents of the report. After hearing from the parties and considering the report, the judge will make orders on the issues presented.
Family Court Services Mediation in San Diego Family Court provides an opportunity for parents to communicate in an environment intended to facilitate agreements to benefit their children. Agreements are not always in the cards, however, so the function of mediation as a fact-finding tool for the judge is also very important.
Judges rely heavily on the contents of the Family Court Services Mediation report. For this reason, before you attend mediation, you should consult with an attorney and/or a professional trained and experienced in mediation of custody issues.
If you have questions about Family Court Services Mediation, or if you would like to speak with an attorney regarding your custody and visitation case in San Diego Family Court, call Ross Matteson at 619-784-6886 today.