Child Custody Mediation

The moment parents cannot agree on a compromise on who will gain custody of a child or of the children, a judge sends them to child custody mediation.

The term “custody” would mean the person who the child resides or lives with and/or the person who makes important legal decisions for the child regarding education, health care and other major decisions. Custody, kinds of custody or the manner in which custody is carried out would often be called a “Parenting Plan”.

Role of Mediators in Child Custody Mediation

When parents cannot decide or agree on a compromise, the judge calls on a “mediator” to assist and facilitate in making a Parenting Plan during child custody mediation procedures. A Parenting Plan mentions the primary physical caregiver or the parent or guardian the child will live with and who between them would be making important legal decisions in the care of the child.

Mediators work for courts in instances of child custody mediation. The provide help to parents or guardians in making appropriate Parent Plans that would benefit the child. Mediators are usually qualified individuals who especially know how to work with separated or divorced parents. They usually talk about and provide help in matters of legal custody, physical custody, supervised visitation, child’s attorneys and evaluators. For parents or guardians who do not speak English, an interpreter is usually called in. If an interpreter is unavailable, you must bring someone to interpret on your behalf. You must not use the child in interpreting for you.

Mediators help parents create a Parenting Plan in child custody mediation that will (1) protect both parents and guardians and the child; (2) state how both parents and guardians will make the decisions for their child; and (3) state when and how much time the child will spend with each parent or guardian. They also help you formulate a “safety plan” with the other parent or guardian for you and your children. These plans help in suggesting visiting plans, housing, financing and counseling.

Mediators and Domestic Abuse

Sometimes, parents or guardians could not decide during child custody mediation procedures because of threats and coercion from one parent or guardian. Mediators are aware of this and understand the workings of domestic violence and child abuse. For instances of domestic violence and child abuse, you may report this to the mediator when talking to him or her alone. It is the discretion of the mediator to tell the other parent what you say. He or she may immediately report domestic and child abuse. Given the broad nature of a mediator’s roles, it is important for you to clarify these roles especially those pertaining to privacy rules.

For instances of domestic or child abuse outside child custody mediation, a mediator or court may prompt parents to agree on “supervised visitation”. Supervised visitation would mean that a child may visit the other guardian or parent if another adult is present to supervise or facilitate the visit. The mediator may help with you in implementing supervised visitation if a supervised visitation center is present. Otherwise, he or she may provide you with alternatives to solve this problem.

Child custody mediation procedures appreciate both parents’ or guardians’ opinions and decisions regarding the prospective custody of their child. It also provides them a common ground to solve visiting, housing, financing and counseling plans for the benefit of your child’s interests. Mediators are called in to help facilitate and supervise child custody mediation. For most part, it is incredibly and surprisingly easy for parents to settle on an agreement so long as they put the good of their child in their minds.