Family Court Services Mediation – Family Code 3170

If parents cannot agree on custody or visitation, California does not let the case go straight to a judge. California Code Family Code § 3170 requires the court to set the matter for mediation first.

The mediation is conducted by Family Court Services, a branch of the court staffed by counselors with training in child development and family dynamics. The session is confidential as between the parents, and its purpose is to help them reach an agreement that serves the children’s best interests. Many cases settle there.

San Diego County is one of the counties whose local rules allow what California Code Family Code § 3183 permits: if the parents do not reach agreement, the mediator may submit a written recommendation to the court. This is called recommending counseling, and it changes the character of the session. The counselor is not only facilitating; he or she is evaluating. What each parent says, how each presents the other, and whether each is focused on the child or on grievances will inform a recommendation that judges weigh heavily.

Parents should prepare for Family Court Services as carefully as for the hearing itself: know the schedule you are proposing and why it works for the child, bring the facts rather than the feelings, and be ready to speak about the other parent’s strengths as well as your concerns.