Welcome to the Family Court Services Orientation for Parents & Guardians

1. Welcome to the Family Court Services Orientation for Parents & Guardians If you would like to attend the group Orientation at the office of Family Court Services in person, please call (916) 875-2600

2. This Presentation We have designed this presentation to help you understand the child custody recommending counseling/mediation process. • Section I: General Information about child custody recommending counseling/mediation. • Section II: child custody recommending counseling/mediation when there are allegations of Domestic Violence. • Section III: Getting the most out of your child custody recommending counseling/mediation • Section IV: Special Topics

3. If you have questions. . . . . .about the information in this presentation, write your questions in your questionnaire and bring them to your child custody recommending counseling/mediation appointment. Your child custody recommending counselor/child custody recommending counselor/mediator will be happy to answer your questions.

4. Attending Orientation at FCS If you wish to attend a group Orientation program provided at the office of Family Court Services in person, please call (916) 875-2600 for available times and dates.

5. 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 child custody recommending counseling/mediation.

6. A special note about:Agreements The following Court forms may be helpful in preparing your agreement about custody or parenting plan. These forms are available at the office of Family Court Services, or from the California Court’s website at: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

7. A special note about:Agreements • If you have come to an agreement and do not need or wish to proceed with your child custody recommending counseling/mediation appointment, please have both parties call to cancel the appointment. • Family Court Services phone number: 916-875-2600

8. A special note about:Agreements • If you have come to an agreement, but still would like help in preparing a written agreement, Family Court Services can provide assistance. • If you have come to an agreement before, during or after child custody recommending counseling/mediation, you may be able to have your hearing cancelled under some circumstances.

9. 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 • child custody recommending counseling/mediation, child custody recommending counselor/child custody recommending counselor/mediator & Child Custody child custody recommending counseling/mediation • Co-parents • The Best Interests of the Child • The Parenting Plan • Child Custody Evaluation

10. “Custody” There are two kinds of custody: Legal Custody & Physical Custody It’s important to know the difference between them.

11. “Legal Custody” Legal Custody: The right to makedecisions about a child’s education, non-emergency medical, psychological, dental and optometric care. Joint legal custodypermits both parents to be involved in these decisions.Sole legal custodygives one parent authority to make these decisions.

12. “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 or 50/50. Sole physical custody:means that a child resides with one parent, subject to the power of the Court to order visitation.

13. “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.

14. Sole Custody • May be granted to one parent if: • The other parent is absent, incarcerated, homeless or his/her whereabouts are unknown • There is substantiated information that the other parent is on drugs or abuses alcohol or is significantly mentally disabled • There is substantiated information about domestic violence, child abuse or neglect.

15. Sole Custody . . . • Is not granted to one parent based on failure to pay child support • Is not granted to one parent based solely on the other parent’s amount of involvement with the child(ren). • May be temporary until the other parent is able to comply with court orders or treatment programs.

16. “Child custody recommending counseling/mediation” Child custody recommending counseling/mediation is a meeting between disputing parties and a neutral third person –the child custody recommending counselor/mediator– whose role is to assist the parties in reaching an agreement. The child custody recommending counselor/mediator does not represent either party, but remains impartial.

17. “Child custody recommending counselor/mediator” Child custody recommending counseling/mediations are conducted by child custody recommending counselor/mediators who have education and experience in psychology, social work, marriage, family and child counseling, or related fields with special training in working with families in conflict, domestic violence and custody related issues.

18. “Child Custody child custody recommending counseling/mediation” When parents do not agree on custody and visitation arrangements, California law requires that they attend child custody recommending counseling/mediationbefore the court hearing to try to reach an agreement. In child custody child custody recommending counseling/mediation we will attempt to help you reach an agreement on the custody and visitation with your child. There is no fee charged for child custody recommending counseling/mediations provided by Family Court Services.

19. Child Protective Services and Law Enforcement Agency • If, in the course of the child custody recommending counseling/mediation, the child custody recommending counselor/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 child custody recommending counselor/mediator is required to report that information to law enforcement or child protection agency.

20. “Co-Parents” • Parents who share responsibility for raising their child(ren), even though they no longer live together.

21. “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.

22. “Best Interests of the Child” Following may be some of the factors considered in determining the best interest of the child: • The age of child; • The relationship of the child’s parents and any other persons who may significantly affect the child’s welfare; • The preference of the child, if old enough to express a meaningful preference; • The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity;

23. “Best Interests of the Child” (continued) • The stability of any proposed living arrangements for the child; • The motivation of the parties involved and their capacities to give the child love, affection and guidance; • The child’s adjustment to the child’s present home, school and community; • The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical stress;

24. “Best Interests of the Child” (continued) • The capacity of each parent to cooperate in child care; • Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use these methods; • The effect on the child if one parent has sole authority over the child’s upbringing; and • All other factors having reasonable bearing on the physical and psychological well-being of the child.

25. “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.

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 order FCS or appoint a professional to conduct a child custody evaluation and provide an extensive report with a recommendation. • Evaluations can be lengthy, time- consuming and costly.The parents, NOT THE COURT, pay for the evaluation.

28. Part II: The child custody recommending counseling/mediation Process • Starting the Child Custody Recommending Counseling/Mediation Process • The Child Custody Recommending Counseling/Mediation • Children in Child Custody Recommending Counseling/Mediation • The Child Custody Recommending Counselor/Child Custody Recommending Counselor/Mediator’s Report • The Hearing • After the Hearing

29. Starting the Child Custody Recommending Counseling/Mediation Process • Court Orders or a motion filed by either parent (Order to Show Cause or Notice of Motion) brings a matter before the Court; • A Child Custody Recommending Counseling/Mediation appointment is set; • Orientation is made available; • Parties appear for Child Custody Recommending Counseling/Mediation

30. Child Custody Recommending Counseling/Mediation • What will we do in Child Custody Recommending Counseling/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. Child Custody Recommending Counseling/Mediation • Who should attend?You, the other party or parties and your children between 5-17 years old.

32. Child Custody Recommending Counseling/Mediation • Who should not attend? • It is not advisable to bring friends, current boyfriends, girlfriends, spouses, partners or relatives to Child Custody Recommending Counseling/Mediation. They will not be included in Child Custody Recommending Counseling/Mediation. Too many people tend to cause confusion and may create more animosity. • If you bring someone, it is recommended that they are a neutral party.

33. When you arrive for Child Custody Recommending Counseling/Mediation • Report to Room 104 (first floor) a few minutes before your scheduled appointment time. • Children between the ages of 5-12 years old may be checked into the playroom located to the left of the elevators. • Turn in all completed forms and paperwork at the window in Room 104. • Your child custody recommending counselor/mediator will review your paperwork and call you generally within 30 minutes.

34. What to Bring to Child Custody Recommending Counseling/Mediation • Your completed Social History Forms and Child Custody Questionnaire • Any additional documents: No more than 10 pages 8 ½ x 11 paper, single sided with PROOF OF SERVICE (a document/form showing that the other party has been served). • Full names and birthdates of all parties directly involved in your children’s lives

35. Paperwork • It is best to try and use the space allotted in the social history forms and child custody questionnaires for your answers. Do not copy the questions into other documents or add additional pages unless you serve the extra pages with a proof of service to the other party.

36. A special note about: Domestic Violence There are rules that the Judge must follow in granting custody when he or she has made a determination that violence has occurred. If your case involves domestic violence, California Family Code Section 3044 (presumption against persons perpetrating domestic violence) may apply to your case. You may obtain a copy of this Family Code Section from Family Court Services or online at www.leginfo.ca.gov./calaw.html

37. A special note about: Domestic Violence If there is a restraining order protecting you from the other party and/or if domestic violence has occurred, you may request to have a separate appointment from the other party to meet with the child custody recommending counselor/mediator.

38. Domestic Violence andRequesting a “Separate Appointment” If you wish to have a separate appointment due to domestic violence, you may state in writing that there is a restraining order protecting you from the other parent or swear under penalty of perjury that the other party has been violent or abusive towards you. The Domestic Violence Questionnaire provided to you has a section for you to use for this purpose.

39. Domestic Violence andRequesting a “Separate Appointment” If you wish to have your appointment set separately from the other party, please complete the Domestic Violence Questionnaire and Separate Appointment Request Form provided to you and turn it in (in person, or by mail, or fax) to Family Court Services as soon as possible.

40. In Domestic Violence Cases:Meeting Separately If you meet together with the other party, the child custody recommending counselor/mediator will work to create an environment that is safe and will permit you to be heard. If you at any time feel unsafe, the child custody recommending counselor/mediator will end the session and interview both parties separately.

41. Domestic Violence If you have a restraining order or you are uncomfortable being in the waiting area with the other party due to domestic violence, you may request to be escorted to another waiting area until child custody recommending counseling/mediation begins. Please request this when you check in for child custody recommending counseling/mediation, or call Family Court Services at (916) 875-2600.

42. Domestic Violence Cases:Bringing a Support Person If you have a restraining order, you may have a support person present during the child custody recommending counseling mediation: • Your support person may provide you with emotional support, but may not participate in the child custody recommending counseling/mediation.

43. Domestic Violence • If you still have concerns related to domestic violence on the day of child custody recommending counseling/mediation, please let the clerk of the Family Court Services Unit know when you check in. The child custody recommending counselor/mediator will discuss your concerns at that time.

44. Child Custody Recommending Counseling/Mediation Goals • To reach an agreement about custody of your children; • To reach an agreement about a schedule for sharing time with your children; • To work out the details of that schedule in the parenting plan. • To gather important information from both parties to help the Judge make an order when there is no agreement.

45. What we cannot do in child custody recommending counseling/mediation There are some matters that we cannot address in child custody recommending counseling/mediation. These include: • Giving legal advice • Child support • Spousal support • Division of property

46. Children in Child Custody Recommending Counseling/Mediation Please bring all children between the ages of 5-17 to appointment! If it is appropriate and necessary to interview your child, the child custody recommending counselor/mediator will advise you and speak alone with your child.

47. Children in Child Custody Recommending Counseling/Mediation • Child custody recommending counselor/mediator may use his or her discretion in deciding if it is necessary to interview your children. • The child custody recommending counselor/mediators are trained to work sensitively with children in these matters. • The children are not asked to choose sides or to choose between parents.

48. Children in Child Custody Recommending Counseling/Mediation The law does not specify an exact age when children have a say about where they live. A child’s maturity as well as age may be considered when deciding how much weight should be given to the child’s preference.

49. The Child Custody Recommending Counselor/Mediator’s Report Your child custody recommending counseling/mediation will result in areport to the Court. If you and the other parent reach an agreement in child custody recommending counseling/mediation, the report will reflect your agreed-uponparenting plan.

50. Pro Per Stipulation • If you and the other party reach an agreement during child custody recommending counseling/mediation and neither of you have attorneys and no other issues are set to be heard by the court, your child custody recommending counselor/mediator can have you sign a “stipulation” form and will notify the court to vacate yourhearing.