Is Mediation Required for Child Custody Disputes in California?

Yes. Under California Family Code §3170, when a custody or visitation dispute is filed with the court, the court must refer the parties to mediation before the matter is heard. This mandatory mediation is provided by the Family Court Services (FCS) office of each superior court and is free to the parties. The FCS mediator is a licensed mental health professional employed by the court. In most counties, the FCS mediator will also make a recommendation to the judge if the parties do not reach agreement — this is called 'recommending mediation.' In a minority of counties (including Los Angeles), the mediator does not make recommendations, and the case proceeds to a contested hearing if no agreement is reached. The mandatory FCS mediation is separate from private mediation, which parties may also choose to use. Private mediation for custody disputes is not required but is often used by parties who want more time, privacy, and flexibility than the FCS process allows. A parenting plan reached in private mediation is submitted to the court for approval and incorporation into the custody order. The court retains ultimate authority over custody arrangements and must find that any agreement is in the best interests of the child.