Do we have to go to mediation for custody in California?

What the law says

Family Code section 3170(a) says that if a petition or other pleading to obtain or modify a custody or visitation order shows that custody, visitation, or both are contested, the court shall set the contested issues for mediation. Section 3170(b) says domestic violence cases are handled under a separate written protocol.

Some courts use child custody recommending counseling. Under section 3183, the counselor may, consistent with local court rules, submit a recommendation on custody or visitation to the court, after first giving the parties the recommendation in writing before the hearing. The same section treats recommending counselors as mediators for all purposes under the mediation chapter, so a court that uses recommending counseling still sends contested custody issues there.

The self-help guide says mediation covers only legal custody, physical custody, and visitation, not child support, spousal support, or evidence against the other parent. You must attend an orientation if you have never been to mediation or it has been a long time. If you have safety concerns, tell the mediator right away; you can ask to be in separate rooms.

• Family Code section 3170 (leginfo.legislature.ca.gov)
• Family Code section 3183 (leginfo.legislature.ca.gov)
• California Courts self-help: what to expect from mediation

What to do next

Look at item 6 on page 1 of your FL-300. FL-300-INFO says some courts fill in the appointment there, while others require you to make it before filing. Read FL-314-INFO if your court uses mediation, or FL-313-INFO if it uses recommending counseling.

• How custody mediation works
• Can you challenge a mediator’s recommendation?
• Bring a proposed schedule from the custody calendar