Have a Judge Issue Custody Orders

To obtain a change in custody or visitation, you must file papers to set a hearing so that the judicial officer can issue orders.

Family Code section 3170 requires that Child Custody Recommending Counseling (CCRC) take place 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.

Child Custody Recommending Counseling is a form of negotiation or mediation between people with the help of a professional Child Custody Recommending Counselor (or Mediator), who is a mental health professional. The mediator works with the parties to reach an agreement regarding custody, visitation, and parenting issues for the child. If the parties reach a full agreement before or during mediation, the mediator will prepare a report of the agreement that will be available to the parties and the court before the scheduled hearing. If the parties reach a partial agreement or they do not agree on anything, the mediator will make recommendations to the court on the items still in dispute.

Child Custody Recommending Counseling may include, but is not limited to, interviews with the parents, the child, other parties who may be legally joined to the case, and other individuals and organizations who may have information about the situation. CCRC only addresses what transpired in the recent past and helps you develop a parenting plan for the next year, which you can modify as your situation or your child’s needs change.

Filing Papers to Set a Hearing and an Appointment for Child Custody Recommending Counseling

To set a hearing and a Child Custody Recommending Counseling (CCRC) appointment, you must submit a Request for Order. Please note that if a CCRC report was issued within 6 months of the date you file your request, a CCRC appointment will not be scheduled.

If you need help preparing the forms, the Self-Help Center offers online or in-person assistance.

Once forms are completed, you may file them in person at the Family Court Services in room 104, on the first floor of the William R. Ridgeway Family Relations Courthouse, submit them by mail, or place them in the drop box at the Family Relations Courthouse.

Before the Appointment

At least five (5) days before the appointment, you must:

• File a Family Law Case Participant Enrollment Form - Family Law and a copy of your government-issued identification. A separate form must be filed for each case or when you change your email address. If you do not file the form, you will not be given a Public Case Access Account, which is required for you to be notified by email when your mediation report is available online.
• Submit a Parenting Plan Questionnaire (form ME-802) which will be included in your notice of appointment packet.
• Complete the required Family Court Services Orientation Program within the last 12 months.
• File a Notice of Remote Appearance if you intend to attend the appointment using Zoom.

Forms may be submitted by mail, placed in the drop-box at the Family Court, or obtained by obtaining a service ticket to file with the clerk.

Important: You must arrive at least 10 minutes before the appointment, and if you are 15 minutes late, it may be canceled.

Additional Documents for the Mediator

Parties and attorneys may optionally submit additional documents before the day of the mediation appointment.

For Parties

• You may submit up to 10 single-sided pages of documents.
• The top of each page must be titled “Additional Document” with the page number.
• Attach additional documents to a Proof of Service Form serving the other party or parties, or their attorney of record.

For Attorneys

• You may submit a one-page, single-spaced, single-sided Attorney Input Letter in 12-point font.
• The letter must be on letterhead.
• Attach the Attorney Input Letter to a completed Proof of Service Form.

Proof of Service Instructions

• Additional documents must be attached to the Proof of Service.
• The additional documents that were served must be listed as follows:
  • Additional Documents - # of pages – example: 10-page
  • One-page Attorney Input Letter
• Personal Service – Must be served at least five (5) calendar days before mediation.
• Mail Service – Must be served at least 10 calendar days before mediation.
• Electronic Service – Must be served at least 7 calendar days with a copy of the file/endorsed Consent to Electronic Service and Notice of Electronic Service Address on pleading or using the Judicial Council forms EFS-005-CV with the POS-050.

Important

• Electronic documents, spreadsheets, reports, graphics, audio, or video files will not be accepted.
• File/endorsed copies of documents filed with the court count as part of the page limit.
• The mediator will review the documents before or after the mediation appointment.

Child Interviews

Children are only interviewed by order of the Court or at the mediator’s discretion. If the Court orders the interview, please have your child available at the scheduled appointment time. If not court-ordered, during your mediation, the mediator may determine they need to interview your child. You can make them available at the appointment, knowing they might not be interviewed. If not, during your appointment, you must arrange a separate time when the child can be interviewed. Please be aware that you may not be present when your child is interviewed.

History of Violence

All parties will meet together with the mediator. If there is a restraining order or a party advises Family Court Services that they are a victim of domestic violence with the other party, the mediator may interview the parties separately. The victim may request to have a support person present during the mediation. The support person may not participate, act as an advocate, disrupt the appointment, or violate the confidentiality of the session. The mediator may ask the support person to leave if they cannot follow these rules.

Following Mediation

If you fully agree with the other party on custody and visitation issues, the mediator will prepare a report with your agreement that will be available to you and the Court before the scheduled hearing.

If you reach a partial or no agreement, the mediator will make recommendations to the Court, outlining what they believe to be in your children’s best interest. If you disagree with the mediator’s recommendations, be prepared to explain to the Court what you believe would be best for your children.

You must have a copy of your agreement or report when you attend the hearing.

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Missed Appointment

If you missed an appointment, it may not be rescheduled. It is important to appear at the court hearing where the judicial officer will make orders.