By H. William Edgar | Edgar & Dow
Standard Orange County custody mediation helps parents work toward an agreement. When ordinary confidential mediation ends without agreement on an issue, the mediator does not recommend a schedule for the judge to adopt. Local Rule 703(B) allows the mediator to advise the court about what may help resolve a matter if there is no agreement. A separately ordered investigation or evaluation follows its own reporting procedure. Orange County Local Rule 703. Read the notice so you know which process is scheduled and what must be submitted beforehand.
I prepare clients for Orange County mediation and for the hearing as two separate appointments. In mediation, we focus on a workable parenting plan. For court, I want the request, the evidence, and the proposed order ready on their own. Confidential mediation and an investigation serve different functions.
Review the court’s orientation and intake instructions. Compare the Orange County age-based guides with your child’s actual routine, then bring a proposed calendar. Identify decisions you can resolve independently, such as transportation, and terms that depend on other issues, such as school placement. If there are safety concerns or a protective order, review the court’s procedures in advance.
In our Orange County practice, judges frequently appoint minor’s counsel in contested custody cases where the child needs independent representation. The appointment is case-specific. Minor’s counsel is the child’s lawyer and can continue to participate as the case develops. Orange County maintains a list of attorneys eligible for appointment under local rule 712. See how minor’s counsel works.
A judge can also order an in-house Child Custody Investigation (CCI). Orange County’s Family Court Services department assigns a court investigator to conduct it, and the investigator prepares a confidential report. The investigation requires its own court order and has a different purpose from confidential mediation. A private Evidence Code section 730 evaluation is another option. Orange County local rule 703.
In our practice, we have also seen the court use a liaison to coordinate with Orange County’s child protective services when child welfare concerns arise. The county agency is Children and Family Services. If the agency has been involved, tell your lawyer what happened, when, and whether a worker or case number was assigned. Your lawyer can determine what information the court may lawfully obtain and how to request it.
Prepare your filed request and supporting declaration to stand on their own. State the requested schedule and why it fits the child, even if you expect agreement during mediation. If there is a partial agreement, read its precise language and identify what remains for the hearing. A signed agreement can be submitted for approval. Follow the operative order until an approved or later order changes the terms.
Orange County separately lists an Emergency Investigation for immediate risks to the child and a Minor Interview service for children age 12 or older. The emergency investigation can produce recommendations for temporary orders. The Minor Interview gives the court a way to receive the child’s views. The statewide rule on a child addressing the court at age 14 or older is governed by Family Code § 3042. Orange County Family Court Services.
Two parents may agree to alternate weekends but disagree about the return on school holidays. At mediation they can put the agreed weekends in writing and reserve the holiday issue. At the hearing, the parent asking for a particular holiday return should be ready to present the school calendar and a precise proposal through the court’s procedures.
Parents agree to two weekends per month but dispute summer vacation and transport. At confidential mediation they are prepared to sign only the terms they can carry out.
Write the agreed weekends in a way that answers when each period begins, when it ends, and who drives. Identify which summer and travel terms remain open. Bring the school calendar and two possible vacation proposals to the hearing so the judge can assess the disputed issues.
Before signing, compare the proposed agreement with the existing order. Ask when it will be submitted and when the new terms take effect. If one parent still needs protection or a different exchange location, identify that issue expressly so it is not lost when the other provisions are approved.
We arrange a preparation session before custody mediation or recommending counseling when we represent a parent in the case. We review the signed order and the proposed schedule, then practice explaining what the parent wants and why it fits the child. In recommending counties, that preparation matters because the counselor may make a recommendation on unresolved issues.
Good preparation includes both what to say and how to say it. Lead with the child’s actual week and one or two facts that explain the requested change. State the time, place, and transportation terms you are proposing. A well-drafted Request for Order is equally important. It gives the judge a specific request and supporting facts, whether the appointment ends with an agreement, a recommendation, or issues for the judge to decide.
Follow the court’s current joining and intake instructions. Keep the order and your proposed calendar available. If the discussion involves a protective order or a safety concern, review available procedures before the appointment and use the permitted communication channels.
The hearing remains the place to seek a ruling on disputed issues. Prepare the evidence and proposed schedule even if you expect to agree. An unsigned proposal can help counsel identify the dispute, but the parties should follow operative orders pending court approval or a new ruling.
When the statutory requirements are met, Family Code section 3044(h) requires the court to tell the parties about the statute and provide a copy before custody mediation. Noble v. Superior Court (2021) 71 Cal.App.5th 567 discusses that notice duty. If a court has made a qualifying finding, the custody presumption raises a separate question. See our guide to domestic violence and child custody.
Orange County Parenting Plan Guidelines
Explore the California Child Custody and Visitation Library for more guides on county mediation and recommending counseling.
Parenting Plans by Age: A Guide for Orange County Parents
Child Custody Mediation in Los Angeles County: Will the Mediator Make a Recommendation?
What Is Minor’s Counsel in a California Custody Case?
How Do I Prepare a Request for Order and Declaration in a California Custody Case?
What happens at a contested custody trial
Related reading. What to Know About Your Custody Case at the Lamoreaux Justice Center in Orange County?
If you have an Orange County mediation or hearing coming up, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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