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Mediation is required by the court because approximately 65% of the cases regarding child custody and visitation are resolved in mediation and there is no need for the parties to appear in court for an order. The process is very simple. Both parents meet with a third party mediator.
If one or both parties fail to attend mediation, the Court will be notified. If this occurs, it is important that you still appear at the Court hearing on the date scheduled. However, both parties should be prepared to provide an explanation to the judge why they were unable to attend mediation.
Many counties have mediation programs (also called dispute resolution programs) that provide free or low-cost mediation before or after a court case is opened. The Department of Consumer Affairs keeps a list of some local mediation programs.
Applying to the Court for Refused Mediation If one party refuses to participate in mediation, or if the parties are unable to reach an agreement during mediation, the next step is to apply to the court for a parenting or property order. Exceptions apply.
Forms needed to respond to a Petition for Custody and Support of Minor Children Form NameForm NumberDeclaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)Form FL-105/GC-120Child Custody and Visitation (Parenting Time) Application AttachmentForm FL-311Proof of Personal ServiceFL-3302 more rows
Abandonment. If a parent has not had any contact with their child in at least six months and has made no effort to contact the child or exercise their parental rights, the court will consider this abandonment.
Fortunately, mandatory mediation is only necessary for California when there is a dispute over child custody. Otherwise, they can skip the process altogether and go to trial to litigate the details of their divorce after the mandatory six-month waiting period expires.