Orientation To Mediation (English)

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  • VOICE OVER: The petitioner is always the petitioner etc
  • VOICE OVER: Important to distinguish their needs from those of the child, etc.
  • VOICE OVER:
  • First, one of the parties must file a motion to bring this matter before the Court. The other party must be served with the court papers. This lets the Court know that the other party was formally advised of the hearing. When the motion is filed, a mediation appointment is set. It will take place in the Family Dispute Resolution Services office in Oakland, Hayward or Pleasanton, and will be scheduled at either 9:30 am or 1:30 pm.
  • The mediation session will include you, the other party and the mediator. We cannot include people who are not legally joined to the action. The goal of the mediation is to help parents reach an agreement on the custody and visitation of their children.
  • Unfortunately, there are some matters that we cannot address in mediation. These include: CHILD SUPPORT, SPOUSAL SUPPORT and the DIVISION OF PROPERTY
  • The Mediator’s recommendation is NOT A COURT ORDER The Judge is not required to adopt the mediator’s recommendation. Unless it becomes an order, the recommendation is not enforceable.
  • Being prepared maximizes your chances of reaching an agreement.

Transcript

  • 1. Parent Orientation Instructions NOTE: Please allow this slide show presentation to continuously scroll on its own to the end. This presentation is mandatory prior to Mediation and will take 35 minutes to complete.
  • 2. Superior Court of California County of Alameda Child Custody Mediation IMPORTANT NOTE:  You will be given instructions at the end of this presentation on how to print your certificate. Please pay close attention to the instructions.
  • 3. Welcome to the Orientation for Parents & Guardians
  • 4. This Presentation
    • We have designed this presentation to help you get the most from your mediation.
    • Section I: General Information about Mediation.
    • Section II: Mediation when there are allegations of Domestic Violence.
    • 30 minutes, covering the following topics :
  • 5. Topics:
    • Important Terms to Know.
    • An Introduction to the Legal Process
    • Tips for Making the Most of Mediation
    • Children and Divorce
    • Answers to Frequently Asked Questions
  • 6. If you have questions:
    • about the information in this presentation, write your questions in your hand-out and bring them to your mediation appointment.
    • Your mediator will be happy to answer your questions.
  • 7. A special note about: Agreements
    • Some parents work out agreements on their own, or with the help of a professional .
    If parents already have a written, signed and dated agreement on custody and visitation, they are not required to come to mediation .
  • 8. Part I: Important Terms to Know
    • There are some terms which are helpful to know as you go through this legal process. These include:
    • Custody: Legal & Physical
    • Petitioner & Respondent
    • Mediation & Child Custody Mediation
    • The Best Interests of the Child
    • The Parenting Plan
    • Child Custody Evaluation
  • 9. “ Custody”
    • There are two kinds of custody:
    • Legal Custody
    • &
    • Physical Custody
    • It’s important to know the difference between them .
  • 10. “ Legal Custody”
    • Legal Custody : who has the right to make decisions about a child’s education, religious upbringing, and non-emergency medical care.
    • Joint legal custody permits both parents to be involved in these decisions. Sole legal custody gives one parent authority to make these decisions.
  • 11. “ Physical Custody”
    • Physical custody : the actual time that the child spends with each parent.
    • Joint physical custody : means that each parent has significant time with the child. It does not require that time is shared equally .
    • Sole physical custody : means that a child resides with one parent, subject to the power of the Court to order visitation.
  • 12. “ Petitioner” & “Respondent”
    • The Petitioner is the person who filed the papers that started the court action.
    • The Respondent is the other party, who was served with the Petitioner’s papers and then filed a response.
  • 13. “ Co-Parents”
    • Parents who share responsibility for raising a child, even though they no longer live together .
  • 14. Who are the parents? A note about AB 205
    • AB 205 is the California Domestic Partner Rights and Responsibilities Act of 2003.
    • It gives registered domestic partners most of the rights, protections, benefits, as well as responsibilities, obligations and duties as married couples.
    • AB 205 pertains to same-sex couples as well as heterosexual registered
    • domestic partners .
  • 15. AB 205 & Child Custody & Visitation
    • Under AB 205 , a child born to registered domestic partners is automatically considered the legal child of both partners , regardless of the either partner’s biological connection to the child.
  • 16. “ Mediation”
    • Mediation is a meeting between disputing parties and a neutral third person – the mediator – whose role is to assist the parties in reaching an agreement. The mediator does not represent either party, but remains impartial.
  • 17. “ Mediator”
    • A trained professional assigned to help parents discuss their child’s needs and assist them in making a schedule that best serves the child.
  • 18. “ Child Custody Mediation”
    • When parents do not agree on custody and visitation arrangements, California law requires that they attend mediation before the court hearing to try to reach an agreement . In child custody mediation we will attempt to reach an agreement on the custody and visitation with your child.
  • 19. “ Confidential” mediation
    • Some counties in California have “Confidential” child custody mediation. In those counties, only the parents’ agreement is reported to the Court . All other matters discussed in mediation are confidential to the extent required by law, and not disclosed.
  • 20. “ Recommending” Mediation
    • Some counties in California have “Recommending” child custody mediation. In those counties, the mediator is expected to make a recommendation about child custody and visitation matters when the parents do not agree. The best interests of the child guides the recommendation .
  • 21. “ Recommending”
    • Alameda County is a “recommending” county .
    • If you and the other party do not reach an agreement, the mediator will make a recommendation to the Court .
  • 22. Limits to Confidentiality
    • If, in the course of the mediation, the mediator hears of abuse or neglect to a minor or vulnerable adult, or hears of a person’s intent to harm himself or herself or another , the mediator is required to report that information.
  • 23. “ Best Interests of the Child”
    • When the court makes an order for a parenting plan, the judge must consider what is in the best interests of the child .
    • The best interests of the child guide all custody and visitation decisions in Family Court.
  • 24. “ Parenting Plan”
    • A Parenting Plan is a detailed plan for sharing time with your children. It includes:
      • Custody ~ Legal & Physical
      • Time-sharing arrangements
      • Logistical arrangements: Who provides transportation, exchange locations , etc.
  • 25. “ Primary Residence” “Primary Physical Custody”
        • The home in which the child spends the majority of time. This term is only required when a parent is applying for public benefits on behalf of the child.
  • 26. “ Stipulation”
    • A formal agreement between the parties . When a stipulation is written and signed by a Judge, it becomes a court order.
  • 27. “ Child Custody Evaluation”
    • In rare cases, the Court may appoint a professional to do a thorough evaluation and provide an extensive report with recommendations. Evaluations can be lengthy, time- consuming and costly. The parents, not the Court, pay for the evaluation.
  • 28. Part II: The Legal Process
    • Starting the Legal Process
    • The Mediation
    • The Mediator’s Report
    • The Hearing
    • After the Hearing
  • 29. Starting the legal process
    • Motion filed to bring this matter before the Court.
    • Other party must be served with the papers.
    • Mediation appointment set
  • 30. Mediation
    • What will we do in mediation?
    • Negotiate .
    • You and the other party will each present your proposals for custody and visitation, and will negotiate and compromise to reach an agreement .
  • 31. Mediation
    • Who will attend? You, the other party and the mediator.
    • What is the goal? An agreement on the best parenting plan for the children .
  • 32. A special note about: Domestic Violence
    • In cases where there are sworn allegations of domestic violence, the parties may each meet separately with the mediator.
    • If you choose to meet with the other party, you may bring a support person to the session. This person is not permitted to participate, but may offer you emotional support.
  • 33. In Domestic Violence cases what are Sworn Allegations?
    • Either you or the other party make allegations of domestic violence in writing and swear under penalty of perjury that the allegations are true.
  • 34. In Domestic Violence Cases: Restraining Orders
    • Emergency Protective Order (EPO)
    • Temporary Restraining Order (TRO)
    • Criminal Protective Order (CPO)
    • Other temporary or permanent restraining orders.
  • 35. In Domestic Violence Cases: Meeting Separately
    • You and the other parent may have separate appointments scheduled for you
    • You may request a joint appointment
    • If you have a restraining order, it must have a special exception for peaceful contact between the two of you if you want to meet together .
  • 36. In Domestic Violence Cases: Bringing a Support Person to the Mediation
    • Your support person:
    • May provide you with emotional support, but may not participate in the mediation .
  • 37. What we can do in mediation
    • Reach an agreement about custody of your children;
    • Reach an agreement about a schedule for sharing time with your children;
    • Work out the details of that schedule in the parenting plan.
    • Take important information from both parties to help the Judge make an order when there is no agreement.
  • 38. What we cannot do in mediation
    • There are some matters that we cannot address in mediation. These include:
    • Giving legal advice
    • Child support
    • Spousal support
    • Division of property
  • 39. A special note about: Children in Mediation
    • Please do not bring children to your mediation appointment .
    • If it is appropriate and necessary to interview your child, the mediator will advise you and another appointment
    • will be arranged.
  • 40. After the mediation: the Report
    • Your mediation will result in a report to the Court .
    • If you and the other parent reach an agreement in mediation, the report will reflect your agreed-upon parenting plan .
  • 41. The Report
    • If you and the other party did not reach an agreement, the mediator will still make a report to the Court .
  • 42. The Mediator’s Recommendation
    • The mediator’s recommendation is not a court order .
    • Not all recommendations become orders , Judges often make different orders.
    • Unless it becomes an order, the recommendation is not enforceable .
  • 43. The Mediator’s Recommendation
    • may include tasks for the parents to complete.
    • For example:
    • Parenting Classes
    • Anger Management Classes
    • Batterer’s Treatment
    • Drug or Alcohol Treatment
    • Counseling
  • 44. In Domestic Violence Cases: The Parenting Plan will address issues such as:
    • Has the alleged violence affected your children?
    • Have your children been exposed to the violence?
    • Have your children been frightened or injured?
    • Have your children tried to intervene in the violence?
  • 45. Remember:
    • It is the best interests of the child ~ not necessarily the needs of the parents ~ that guides the mediator’s recommendations and the Judge’s orders.
  • 46. The Hearing
    • After the mediation, your matter will be heard by the Judge or Commissioner in Family Court.
    • At the hearing, the Judge will review your agreement or the mediator’s recommendation, and may ask you questions.
    • The Judge will then make an order .
  • 47. In cases of Domestic Violence: Determining if the alleged violence occurred
    • The Judge ~ not the mediator ~ makes a determination as to whether the alleged violence actually occurred.
  • 48. In Domestic Violence Cases: California Family Code Section 3044
    • There are rules that the Judge must follow in granting custody when he or she has made a determination that violence has occurred.
    • You will be given a copy of this law to read before your mediation.
    • Be sure to read it!
  • 49. After the Hearing
    • The Judge’s order will be detailed in a document called the Orders After Hearing .
    • The Judge’s order is enforceable and remains in effect until another order is made to replace it.
  • 50. Tips for the Court Hearing
    • Be on time.
    • Be organized & prepared.
    • Address your comments to the Judge, not the other party.
    • Do not bring children to Court.
    • Turn off cell phones and pagers .
  • 51. Part III: Making the Most of Mediation
    • In the next section, we will cover tips for getting the most from your mediation.
  • 52. Prepare
    • There is no substitute for preparation!
    • Give careful thought to a parenting plan that will work for your child . Designing the parenting plan should include the active participation of both parents.
  • 53. Preparing for Mediation
    • Many parents find it helpful to write out a schedule and bring it to mediation.
    • Our office has forms to assist you in preparing your
    • parenting plan.
  • 54. Preparing for Mediation
    • Think through the details of the average day:
    • Your child’s needs
    • Your child’s schedule
    • Your schedule
    • The other party’s schedule
    • Other details
  • 55. Preparing for Mediation
    • Think of special circumstances:
    • Sharing holidays & birthdays
    • Vacations & travel plans
    • Transportation details
    • Exchange locations
  • 56. Preparing for Mediation
    • Be realistic . Even the best plan won’t work if it’s not possible to carry out.
    • Stay focused on your child’s needs . This could be an emotionally difficult experience for you. Staying focused on your child will help you in this process.
    • Plan B . Have more than one proposal.
  • 57. In Domestic Violence Cases: Documents for the Mediator to review
    • Restraining orders
    • Police reports
    • Medical records regarding treatment for injuries
    • Child Protective Services reports
    • Letters from teachers, child care providers, therapists or other healthcare professionals
  • 58. IV. Children and Divorce
    • Children experience anxiety, distress and insecurity during separation. Expect some changes in your child.
  • 59.
    • The first year following the separation is a critical time for kids. Parents may be more distracted, and routines may be disrupted.
    • Everyone, including the child, is struggling to find a new balance.
  • 60. Parental Co-operation
    • Children’s post-divorce adjustment is directly related to their parents’ ability to cooperate with one another.
    • Reassure your child that there will be an on-going relationship with each parent and shield your child from the conflict.
  • 61. In Domestic Violence Cases: Can you and the other parent work together?
    • Can you have peaceful contact with each other?
    • How and where will that contact take place?
    • Can you make decisions about important issues together?
    • How well do you understand your children’s needs?
  • 62. Co-parenting when there has been Domestic Violence
    • Common orders in cases of domestic violence:
    • One parent may be responsible for the children most of the time;
    • One parent may have supervised visitation;
    • The Court may order counseling before visits begin .
  • 63. T.M.I.
    • With too much information from parents, children will be brought into the conflict. Don’t share every “gory detail” with your kids.
  • 64. Kids & Conflict
    • Children exposed to on-going parental conflict have more emotional, behavioral, social and academic problems than
            • children who are
            • sheltered from
            • the fight.
  • 65. Remember:
    • Respect your child’s right to an on-going relationship with the other parent.
    • You are separating from the other parent.
    • Your child is not.
  • 66. Part V: Frequently Asked Questions
    • Will the mediator interview my child?
    • In some cases, the mediator may wish to interview the children. The mediator will arrange this with you, usually after the first
    • meeting with the parents.
  • 67.
    • Does the other party also need to go to orientation?
    • Yes, the Court expects both parents to attend orientation.
  • 68.
    • What if the other party doesn’t come to mediation?
    • The Court is advised when a parent does not participate.
  • 69.
    • What if the other party does not come to Court?
    • The Judge will either make an order for your family or set another Court date.
  • 70.
    • Can I bring my boyfriend/girlfriend to mediation or to Court?
    • Only parties that are named as parties or legally joined to the action may participate in mediation. You must file papers to become legally joined to the action.
    • Anyone may attend and observe the Court hearing.
  • 71.
    • How long is the mediation?
    • Times can vary depending on the
    • complexity of the case, but plan to
    • spend at least one hour.
    • How many sessions will we attend? Most cases have one mediation before the first hearing. The Court may refer the matter for additional mediation when necessary .
  • 72.
    • Do I need a lawyer if the other party has one? No. Many parents successfully represent themselves in custody matters.
    • Attorneys can be especially helpful when there are complex financial matters.
    • Whether or not you hire an attorney is your decision .
  • 73.
    • What if the other party doesn’t follow the court order?
    • You have the option of calling law enforcement agencies to enforce the order or you can file a motion to change the order. Please do not call the mediator to report non-compliance with court orders.
  • 74.
    • What if the other party does not return my child from a visit?
    • Notify the police. Please do not call the mediator to report these matters , as the mediator will not be able
    • to intervene.
  • 75.
    • Who pays transportation costs when there is a great distance between the homes?
    • The Judge makes all decisions regarding money and expenses.
  • 76.
    • What is “supervised visitation”?
    • A supervised visit is a meeting of parent and child in the presence of a third person.
    • It is ordered when the Court has concerns about the safety or comfort of the child with a parent or when the Court needs additional information about the visiting parent’s relationship or parenting skills with the child.
  • 77.
    • Do we have to come back to Court in order to change our custody schedule?
    • If you and the other parent agree to change the parenting plan, you are not required to return to Court. It is best to put your new plan into a written, dated & signed
    • document .
  • 78.
    • What if the other parent is speaking badly about me to the children?
    • It is very damaging to children when parents speak badly about each other.
    • Avoid the temptation .
  • 79. “ Evidence”
    • What type of proof or paperwork should I bring to mediation?
    • Bring only documents from neutral third parties such as:
    • Police reports
    • Letters from therapists
      • or teachers
    • Child Protective Services reports
  • 80.
    • Does the Judge ever order that one parent cannot see the child? When does that happen?
    • Rarely. In extreme cases, the Court may stop visitation while a parent fulfills the requirements of the order.
  • 81.
    • Does the Court favor mothers over fathers or fathers over mothers? No. Neither parent is favored over the other on the basis of gender.
  • 82. AB 205?
    • In same-sex parent situations,
    • does the Court favor the birth
    • parent over the non-biological parent?
    • No. If the parents were registered as domestic partners and the child was born after January 1, 2005, both parents have equal rights with respect to the child.
  • 83. AB 205?
    • We are registered domestic partners, but our child was born before January 1, 2005. What is our status in Family Court? This matter has not yet been settled by the Courts. It is strongly advised that you contact a family lawyer about this question.
  • 84. Appointments
    • Can I get a late afternoon or evening appointment?
    • Mediations are scheduled to take place Monday through Friday, during working hours.
  • 85.
    • When can I get a copy of the mediator’s report?
    • Your mediator will make every effort to provide you a copy of the report prior to your hearing. When and how you receive the report may differ from county to county. Ask your mediator.
  • 86.
    • What if I disagree with the mediator’s recommendation?
    • Let the Judge know the reasons why you do not agree.
    • Judges are not required to follow the mediator’s recommendation. Information presented in Court can influence the Judge’s final decision .
  • 87. Child Support
    • How does the custody order effect the amount of child support?
    • Many factors are considered when calculating child support, including parent income and the amount of time with the child.
  • 88. Child Support
    • Can I stop visits if the other parent isn’t paying child support?
    • No .
    • Contact the Department of Child Support Services if there are problems with child support.
  • 89.
    • If the other party has a restraining order against me, can I still see my children?
    • The Court may permit visitation, but if the children are named as protected persons, the Court may stop visitation or require supervised visits.
  • 90.
    • What should I bring to mediation?
    •  Your parenting plan proposal
    • Schedules and/or calendars
    • Relevant documents (such as report cards or letters from the child’s therapist)
    • Your questions
    • Your best ideas & an open mind
  • 91. This concludes our presentation
    • We wish you and your family
    • the best in your co-parenting efforts!
  • 92. T o print your certificate, go back to the Family Law Home page on the website, view and click on the last item listed in the index (after More Info) : C OF C, Child Custody Mediation