Family Court Services provides mediation of disputed child custody and visitation matters. By law, all couples who are not in agreement over the custody or visitation arrangements with their children must attempt to mediate a parenting plan (Click here for more information regarding: Parenting Plan) prior to having a court hearing on the issues. There are two parts to the mediation process. They are:
- The Orientation Session
Each party must first attend an Orientation session where parents learn about the purposes and process of mediation as well as information about how parents might help their children through a divorce or separation. Each party will be notified of the time and place for the Orientation session during the initial telephone intake call or by letter. Parties to a case attend separate Orientation sessions.
- The Mediation Session
The mediation session will usually involve both parents together with the mediator. The parties will be notified by the mediator of their appointment time, which will occur prior to their court date.
HOW DO I MAKE AN APPOINTMENT FOR MEDIATION?
Appointments are usually made by phoning the FCS office at least fifteen (15) working days prior to the court date, unless there is a court order shortening the time. The date and time of the mediation appointment will be set by the mediator, and an appointment letter will be sent to both parents. If there is no pending court date, a mediation appointment may be requested so long as both parties voluntarily agree to participate in the process. However, agreements reached in voluntary mediation are not binding unless later formalized in a court order.
If there is a history of domestic violence in the relationship, and if there is a restraining order in effect, the domestic violence victim is entitled to have a separate mediation session from the other party. However, the party requesting a separate session must notify the FCS office ahead of time so the mediator is aware of the situation.
WHAT HAPPENS IF WE DON’T MEDIATE AN AGREEMENT?
If parties do not reach a mediated agreement on the disputed issues, the mediator is expected to make a recommendation to the court about what they believe would be best for the children. Custody and visitation law requires the court to make orders that "are in the best interests of the children." The mediators advise the court about what they think would be in the best interests of the children. What is best for the children may result in an outcome that the parents themselves would not choose.
The court may or may not adopt the mediator’s recommendations as the order of the court. Only the court can make or change a custody or visitation order. Family Court Services can neither make, change, nor enforce custody or visitation orders. If one or both parties disagree with the mediator’s recommendation, they are entitled to question the mediator at the court hearing about the basis for the recommendation. The parties are also entitled to provide other information to the court that they think is important for the judge to understand before making a custody order. The judge will consider all the information before the Court in making a custody or visitation order.
DO CHILDREN PARTICIPATE IN THE MEDIATION PROCESS?
Children are not routinely seen by the mediator unless a special appointment is made for that purpose. Custody and visitation disputes are adult business, and it is expected that in most cases the adults involved will act responsibly to resolve their differences so that it is not necessary for their children to become involved with mediation or the court process.
DOES FCS ALSO MEDIATE CHILD SUPPORT OR OTHER FINANCIAL MATTERS?
No. For assistance with child support issues, please call the Family Law Help Center in Oakland at (510) 208-4969) or in Hayward (510) 670-5150.
CLICK HERE FOR MORE INFORMATIONARE THERE ANY FEES FOR FAMILY COURT SERVICES?
There are currently no fees for services provided by Family Court Services.
MAY I BRING MY CHILDREN TO MEDIATION?
There are no child care facilities provided by the court, and children are not permitted in mediation sessions. If child care is needed during the orientation or mediation appointments, parents are responsible for making those arrangements.
WHERE ARE FAMILY COURT SERVICES OFFICES LOCATED?
There are Family Court Services offices in three locations. They are:
In Oakland:Alameda County Administration Building
1221 Oak Street, Room 260
Oakland, California 94612
Phone: (510) 272-6030
FAX: (510) 272-6023
Click Here for Map
In Hayward:
Alameda County Office Building
224 W. Winton Ave., Room 208
Hayward, California 94544
Phone: (510) 670-6350
FAX: (510) 670-6457
Click Here for Map
In Pleasanton:
Gale/Schenone Hall of Justice
5672 Stoneridge Drive
Pleasanton, California 94566
Phone: (925) 551-6892
FAX: (925) 803-7929
Click Here for Map
