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Introduction
In any legal action in which custody or visitation of the children is contested, the court will order the parties to participate in mediation. The purpose of mediation is to reach an agreement which assures the children's close and continuing contact with both parents. The mediator's role is to help the parties develop an agreement that is in the children's best interests.
During marital separation and divorce, there is sometimes great hostility between the parents. This hostility is easily picked up by the children, and it can be very upsetting and even harmful. It is hoped that this hostility can be lessened through the mediation process, when the parents will be asked to focus their attention on their children's needs, rather than their own.
Orientation
All parents residing within Stanislaus County are required by the Court to attend an orientation session prior to their hearing date for custody issues. The orientation session is offered on a weekly basis each Wednesday afternoon at 3:15 p.m. in Department 13. At this time, the mediation team presents information concerning the mediation process and other services provided by Family Court Services. Topics include information on the effects of divorce upon children, child sharing, communication, confidentiality, and parenting plans. If the parties are unable to come to an agreement following mediation, the mediator will make a recommendation to the Court.
The Assessment Meeting
If custody or visitation is an issue, the parents will be assigned a hearing date to appear in court. On that date, the Judge will call the case and order the parents to meet with a mediator that morning. This meeting, which is called "The Assessment," will take place in the Courthouse and will include both parents, their attorneys, and the mediator. The meeting will last between 30 minutes and 1 1/2 hours, depending upon the circumstances.
During the Assessment process, the mediator will ask certain questions about the parents and their children. This is done in order to help the mediator gain an understanding of the children's current living situation and their relationships with both parents before and after the marital separation.
Since the goal of mediation is to encourage communication between the parents and assist them in developing a reasonable plan for their children's futures, it is hoped that the parents will be able to reach an agreement during the Assessment. Following the Assessment meeting, all parties will return to the Courtroom and the mediator will report the results of the meeting to the Judge. If the parents are able to agree after the Assessment, a court order will be issued by the Judge concerning child sharing.
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Family Court Services Evaluation
If the parents cannot reach an agreement regarding the children at the Assessment, the court may order them to participate in a Family Court Services Evaluation. This will involve one or more meetings at a time and place designated by the mediator. Attorneys do not attend these meetings.
Mediation and Evaluation will provide a neutral atmosphere for both parents to discuss their children's needs for the present and future. It is an opportunity to develop a mutually agreeable plan which will suit individual needs. Another court date will be assigned to hear the results of the Family Court Services Evaluation about one month after the Assessment. If an agreement is reached prior to the next court date, the evaluator will report the terms of the agreement to the Court in writing. If an agreement is not reached, the evaluator will make recommendations in writing to the Court regarding a parenting plan for the children.
Review
The mediator or evaluator may recommend that a parenting plan be reviewed at a later time to determine if it is working for the best interests of the children. This review will normally occur within six months of the mediation or evaluation and will involve another meeting with the mediator or evaluator.
Investigation
In cases in which the child's welfare or well-being is seriously in question, the mediator has the option of recommending to the court that an investigation of either parent be conducted. Investigations are conducted at the parents' expense in accordance with their ability to pay.
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Counseling
Many cases involving custody disputes benefit greatly from personal and family counseling. Referrals are made by the mediators to mental health professionals in the community.
Parenting Classes
In some cases, the mediator may suggest that a parent could benefit from attending a parenting class. A class on parenting issues is offered through Family Court Services at no cost to the parties. Issues covered include discipline, child development, communication, and co-parenting. See Parenting Classes.
Confidentiality & Recommendations
While all information concerning child custody issues is considered confidential within the Court system, mediators and evaluators in Stanislaus County do make recommendations to the Court when parents are unable to reach an agreement.
Domestic Violence
In cases in which there is a history of domestic violence, the mediator or evaluator may initiate special procedures. These may include permitting a support person into the mediation process and or conducting separate mediation. Parents should inform their attorney and or mediator of any history of domestic violence.
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