Legal Question in Family Law in California

Is it required to go to Mediation in regards to working out a visitation schedule for a 50-50 custody? My ex will never agree on anything and I find Mediation to be a waste of everyone's time. Can I refuse to go and just let the judge work it all out or would the Mediation people submit their own ideas to the judge (which I really wouldn't like)?


Asked on 9/18/09, 6:14 pm

1 Answer from Attorneys

As a mediator I'm tempted to be insulted by your opinion of mediators, but I will provide my assistance on your questions anyway. (kidding) The answer to your first question is "yes," it is mandatory, and in your county there is a specific provision that you will be fined if you do not show up. Your county is unusual, however, in that the local rules don't seem to allow a mediator's report. Personally I think that is a very good thing, since it allows you to talk openly with the mediator without concern that if you don't settle the mediator will issue an unfavorable report. So go to the mediation, do your best to settle. If you can't settle the court may order a custody investigation or just rule on the matter (according to the local rules). Bear in mind, though, that you and your ex know a lot more about what would be best for your kids than any investigator or judge. So you should try to work it out if you can.

Read more
Answered on 9/18/09, 7:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California