Child custody mediation is a free service provided by the court to negotiate custody terms. The mediator is appointed by the court and aims to reduce hostility between parents. If unsuccessful, a court-ordered evaluation may be recommended. Mediation may not be suitable for cases involving abuse or substance abuse.
Child custody mediation is the act of meeting with an independent mediator to negotiate the terms of child custody in a family law case. This is often a free service provided by the court. The mediator is appointed by the court and has no interest in either party. Court-appointed mediators are trained experts in family law and negotiations.
The ultimate goal of child custody mediation is to reduce the level of hostility between the parents so that an appropriate child custody agreement can be drafted. The agreement usually goes through several rounds before both parents commit to signing. Mediation is often scheduled at least six weeks before the court hearing to provide all parties ample time to meet and review the settlement.
The exact protocol involved in child custody mediation varies greatly from case to case. In general, both parents will meet separately with the mediator at least once to discuss family life, professional life and future goals for the child. If the mediator needs more information or feels it would be beneficial to their decision, a meeting with the child in question will be requested. It is a violation of the law to educate a child before a meeting with a mediator and, if discovered, can negatively affect the offending parent.
Sometimes, the family mediator will ask parents to meet specific requests before they can make a recommendation to the court. Common requests include undergoing psychiatric evaluations, complying with criminal background checks, and providing the mediator with proof of the claims. While these types of requests are usually reserved for the consideration stage of a custody case, it’s not uncommon to have them in mediation. All documents provided to the mediator must be properly served on all parties before they can be considered.
If child custody mediation is unsuccessful, the mediator will recommend to the court that all parties involved submit to a court-ordered evaluation. This is a much more intense investigation of family life that involves home or courtroom observations of the child with both parents, as well as interviews with family members, neighbors, school administrators, and anyone else they think might be valuable. The valuation is accompanied by a fee which is payable to the court.
There are some situations where child custody mediation may not be the best option. These include cases involving domestic violence or child abuse, as well as those in which substance abuse is a significant factor. The success rate in these types of situations is often low and all parties can benefit most from proceeding directly to the assessment stage.
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