Tuesday, February 09, 2010

Family Court Services

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General Information

The Office of Family Court Services is located in Room 104 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Sacramento, CA 95826. The hours of operation are from 8:15 a.m. to 4:00 p.m.

The Office of Family Court Services performs child custody mediation and evaluation services, under-age marriage permissions, and emancipation evaluations upon court referral. Family Court Services offers an orientation class to prepare for child custody mediation at no fee.

Child custody mediation is provided free of charge to the parties and generally occurs before the first court appearance. Mediation may include, but is not limited to, interviews with the parents, children, other parties who may be legally joined to the case, and other individuals who may have information about the situation.

To receive mediation services, customers must have an established Family Law case in Sacramento County. Services are made available either by filing for a court hearing and then being referred for mediation services or by the filing of a Petition for Confidential Mediation. Emergency referrals are available only when referred by a judge.

If a Domestic Violence Restraining Order is in place, the parties are entitled to separate mediation sessions and customers are advised to inform the front counter staff of the restraining orders prior to the setting of the mediation appointments.

Child Custody Mediation

Mandated mediation

Family Code section 3170 - external link requires mediation whenever issues of custody or visitation are in dispute. This applies whenever a party to the case wants to obtain or change a custody or visitation order and the other party does not agree to the change.

What is mediation?

Mediation is a form of negotiation between people with the help of a professional mediator who will assist them in reaching an agreement regarding custody and parenting issues

Family Court Services mediation is provided free of charge to the parties and generally occurs before the first court appearance.

What is the purpose of mediation?

The purpose of mediation is:

  • To help reduce the hostility that may exist between the parties;
  • To develop an agreement that assures the child(ren) frequent and continuing contact with both parents and that assures the health, safety and welfare of the child(ren).
  • To achieve a resolution of the issues of custody and rights to parenting time that is in the best interest of the child(ren).

What does mediation include?

Mediation may include, but is not limited to, interviews with the parents, child(ren), other parties who may be legally joined to the case, and other individuals who may have information about the situation.

Mediation also includes the review by the mediator of the Social History form that is completed prior to attending mediation, and other documents important to the case.

When does mediation occur?

Generally mediation occurs approximately two weeks before the scheduled court hearing on disputed custody and visitation issues.

Who conducts the mediation?

The court employs experienced Family Court Counselors who have Master’s Degrees and specialized training in areas pertaining to children and families. These areas include, but are not limited to, conflict resolution, parenting techniques, children’s developmental stages, domestic violence, substance abuse, and child abuse and neglect.

What if we can’t reach an agreement during mediation?

In most cases, parties can successfully resolve and agree on custody and parenting time issues. However, if the parties are unable to reach an agreement, the mediator will prepare a written recommendation to the court on the issues that the parties have been unable to agree on (except in "Confidential" mediations - please see information on Confidential Mediation below.

In some cases, the mediator may recommend a temporary custody and/or parenting plan and also recommend that the court order a custody evaluation before making permanent orders.

Important Things to Know Before Mediation

Setting appointments

When you appear at Family Court Services, you will be given a day and time to meet with the next available mediator. If this is your first visit to Family Court Services, or if you have not been to mediation in the past year, you will also be given instructions to complete the Parent Orientation program.

What is Parent Orientation?

Parent Orientation is a program designed to teach parents about the process of mediation and other important information needed prior to coming to the mediation appointment.

Family Court Services Online Orientation

Both parties must complete the orientation program prior to participation in mediation. If you do not have access to a computer and internet, you may use the Self-Help computer room, available Monday through Friday from 8:30 to 11:30 am and from 1:00 pm to 4:00 pm, located on the first floor of the William R. Ridgeway Family Relations Courthouse.

You may also participate in the FCS Orientation Program held at the office of Family Court Services in person. It takes about one hour to complete and you will have opportunities to ask questions.

If you and the other party both attend the FCS Orientation Program and reach an agreement, a mediator can help you prepare the agreement in writing and cancel your mediation appointment. To attend the FCS Orientation Program in person (children should not attend), please contact the office of Family Court Services directly. There is no fee for this class.

How Can I submit important or relevant information to the mediator?

You should submit your completed Social History Questionnaire before or on the day of your mediation appointment. However, for any additional information submitted to FCS/mediator, the other party involved in the case (or parties if there are other individuals legally joined to the case) must be given (or served) with the copies of the information by a third party. The following policies apply to submission of all information (including written documents, audio and video tapes, and photographs):

  • No more than twenty-five (25) pages of written documentation may be submitted to FCS.
  • A Proof of Service form signed by a third party (age 18 or older) must be submitted with all documents.
  • The third party must either hand deliver or mail the copies of the information to the other party five calendar days before the mediation appointment. Information that does not have a Proof of Service attached will not be considered by the mediator.
  • Audiotapes will not be considered if the party was unaware that he/she was being taped.

Can I talk to the mediator before or after the mediation appointment?

No discussion with the mediator without the other party's presence or knowledge is allowed, including by attorneys for either party, at any time before or after the mediation appointment, except for any attorney appointed to represent your child (minor's counsel).

What if I miss my mediation appointment?

Because of the short time frame between the mediation appointment and the court hearing, another appointment cannot be scheduled. If the other party attends as scheduled, the mediation will go forward without your input. If time allows, the mediator may attempt to reach you by telephone.

If both parties fail to attend mediation, the appointment will be dropped and the court notified of your failure to attend. If this occurs, it is important that you still appear at the court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.

Do children attend mediation?

Yes. Bring all children ages 5 years and older who are directly involved in the case to the mediation appointment. Although it is up to the discretion of the individual mediator as to whether or not they need to be interviewed, you are still required to bring them to the appointment.

Are both parties interviewed together?

Yes. Except for certain situations, mediators interview both parties together.

Telephone mediation/evaluation may occur when either party resides out-of-state or will suffer an extreme hardship by traveling to FCS for mediation, by court order or upon a showing of good cause at the discretion of FCS. The request for telephone mediation should be made in advance of the mediation/evaluation. Both parties will be heard at the same time.

What happens in cases where there are allegations of domestic violence or there is a domestic violence restraining order in place?

If there is a Restraining Order in effect, the victim may have a support person present during the mediation appointment .

However, the support person cannot participate in, and is required to maintain confidentialty of, the mediation session.

A mediator may exclude a support person from a session if:

  • The support person attempts to participate in the session.
  • The support person acts as an advocate for the victim in a session.
  • The support person's presence or actions disrupt the session.

Additionally, if the party who is protected from the other party by a Restraining Order, or who declares under penalty of perjury that there is a history of domestic violence by the other party, requests to be seen separately, each parent will be interviewed separately.

Important Things to Know After Mediation

Mediation report

At the conclusion of your mediation session, the mediator will identify in writing those issues on which you reached an agreement as well as those issues on which you were unable to reach agreement. This is known as the Mediation Report.

The mediator will make a written recommendation to the court on any issues that have not been resolved during mediation (except for confidential mediations). A copy of this report will be mailed to you, or your attorney if you are represented.

What if I don’t agree with the mediator’s recommendations?

If you received mediation upon direct referral from the court, or as a result of you or the other party filing an OSC/NOM, you already have a court date set. If you do not agree with the mediator’s recommendations, you may state your position to the judge during your court hearing. Be prepared to give specific information to the judge as to why you disagree with any of the mediator’s recommendations.

What if we reach a full agreement during mediation?

If you were able to reach an agreement with the other party on all custody and visitation issues, the mediator will prepare a written agreement for each of you to sign. If neither of you are represented by an attorney, FCS will forward the agreement to the court for approval. Once approved, it will become an official court order.

However, if an attorney represents one or both parties, you will not be asked to sign the agreement. Instead you will be directed to present it to the attorney for review and submission to the court.

Do we still go to court if we reach an agreement?

If custody and visitation are the only issues in dispute, then FCS will notify the court of your agreement and the court hearing will be dropped. However, if there are other issues that the court has been asked to act on, you must still appear on your scheduled court date.

Are mediation reports confidential?

Yes. Mediation reports are confidential and are not allowed to be copied or distributed to anyone other than the court, an attorney of record, or the named parties to the proceeding, with the following exception:

In certain instances the court allows the exchange of information to other agencies in the justice system. Specific information can be obtained from FCS.

Confidential Mediations

Petitions for Confidential Mediation

If you have an existing Sacramento County Superior Court case, you may be able to obtain free mediation services without filing an Order to Show Cause or Notice of Motion. You can do this by filing a Petition for Confidential Mediation directly with FCS. Upon the filing of a petition, an appointment will be scheduled for you to meet with a mediator. If, during the mediation session, you reach a full agreement with the other party, FCS will assist you in submitting that agreement to the court to become an order. This report does not become a court order until you appear in court. To set a hearing date, you must file an Order to Show Cause or Notice of Motion.

In Confidential Mediation, if you do not reach an agreement, FCS will not prepare a mediation report and no recommendation on the issues you disagree on will be made.

Immediate Referrals from the Court

The court may refer parties to FCS to provide expedited services. Generally, this occurs in cases where either parent presents an immediate danger or rish of harm to the child(ren). Parties are usually seen in FCS within a few days of the referral being made. A date to return to court is usually set to occur within 1 to 3 days following the referral. Immediate referrals may involve, but are not limited to, the following situations:

  • Physical abuse
  • Sexual abuse
  • Emotional abuse or neglect
  • Domestic violence
  • Alcohol or substance abuse
  • Allegations of flight risk or abduction

Child Custody Evaluations

A custody evaluation is an in-depth investigation into the facts of the case. This may include, but is not limited to, interviews with the parents, children, other parties who may be legally joined to the case, and other individuals who may have information about the sitaution. The investigation may also include evaluations written by other mental health professionals, or other important reports (i.e., court records, police reports, etc.) relating to the family. The mediator may also visit the home or the school site as appropriate.

A custody evaluation generally takes up to 60 days to complete and the parties must pay a fee for this service.

Custody evaluation recommendations and reports

The custody evaluation report will provide recommendations that are based on the professional judgment of the child custody evaluator regarding a parenting plan that is in the best interests of the child(ren).

Will I receive a copy of the report?

Yes. If attorneys represent both parties, a copy of the recommendation will be faxed to your attorney. If one or both parties are self-represented (without an attorney), then a copy will be mailed to you, or your attorney, if represented.

Is the recommendation an order of the court?

A FCS report and recommendation has no legal status until the court acts on it. A party who wishes to have the report adopted must appear at a scheduled court hearing. If both parties are in agreement, the court may approve the FCS recommendations, or the court may decide to make other orders. If either party disagrees with the FCS recommendation, the matter may be set for further court hearings.

How much will a custody evaluation cost?

Custody evaluations, when ordered by the court and conducted by FCS, are charged at the rate of $75.00 per hour. If a custody evaluation is ordered, the court will make a determination as to the parties’ ability to pay. If the court finds that either party is able to pay all, or part, of the expense of the evaluation, the court will make an order requiring repayment to the court.

Are there any other options available?

Yes. You may choose to use the services of a private evaluator instead of returning to FCS for the custody evaluation. The court has a list of private mediators who are approved to conduct court-ordered child custody evaluations. Private mediators generally charge a fee that is higher than the fee charged by FCS. If you prefer to use the services of a private mediator for the custody evaluation, you should mention this to judge at the time of your hearing.

Other Important Information

Mediator/Evaluator conflict of interest

Mediation/evaluation of cases that involve family law attorneys or their spouses, relatives, friends, or co-workers of the mediator may present a conflict of interest. A mediator will not handle a case in which they perceive that a serious conflict of interest exists. Therefore, in these cases, parties may be referred to private mediators.

Reports to Child Protective Services

Family Court Counselors are mandated reporters. This means they are legally obligated to report to Child Protective Services (CPS) any situation that may pose an imminent danger or risk to the child(ren). Parties will be informed when referrals are made to CPS for risk assessment.

Complaints about FCS services

Family Court Services is committed to the delivery of quality mediation and evaluation services. If you should have a complaint regarding services received, you may register your complaint orally or in writing to the FCS Manager.

FCS fees

A rate of $75.00 per hour is charged for custody evaluations. If the court orders a custody evaluation, the court will make a determination as to the parties’ ability to pay. If the court finds that either party is able to pay all or part of the expense, the court may make an order requiring that person repay the court for the amount the court determines appropriate.

A deposit of $150.00 is required any time a FCS mediator/evaluator is subpoenaed to attend a court hearing or proceeding as a witness. The party issuing the subpoena will be charged, at the rate of $59.00 per hour, for the actual time spent preparing for court testimony and/or deposition and the actual time spent testifying.

Testimony and depositions

The following rules apply to the subpoena of a mediator/evaluator:

  • If the mediator/evaluator is to be examined in court, he/she must receive the subpoena 5 working days before the court hearing.
  • Due to time constraints, the party issuing the subpoena should contact FCS at least 20 days before the court hearing to determine the mediator/evaluator’s availability.
  • Depositions will take place at the Office of Family Court Services after 3:00 p.m. on a regular court day or at a mutually agreed upon time.