Child Custody and the Mediation Process

At the Law office of David P Schwarz we have handled many child custody cases where mediation has been a key factor in the outcome of many of the child custody disputes we have handled in Orange County family law court. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be contacted via email at

A child custody lawyer will guide you through the process of getting a mediator to assist you in drafting a parenting plan through a mediator.

The family law court child custody mediator will submit a recommendation to the court as to the custody of or visitation with the child. The mediator will create what is called in family court parenting plan. Often this takes into account the work schedule and or school schedule of the parties. It is important to note that currently the mediators are licensed family law counselors who are trained to find the common ground of the parties based on their schedule. When approaching a mediation court date you must have an open mind and willing to give a little of you schedule in order to do what is best for your child or children.

A child custody attorney will let the mediators make the important determinations that are sometimes necessary in order to achieve a workable parenting plan. Some Courts will permit the mediators to resolve the custody arrangements based on their skill and experience with handling family law child custody cases. In some California counties the mediators are given the authority to make parenting plan recommendations for the judge. The Judge can take the recommendation and make it an order of the Court. Or the Judge can take parts of the recommendation use it to make an order or the judge can make his own order. Often if a Judge has a busy calendar they will defer to the expert mediators who are trained licensed child custody therapist.

In addition, the Orange County Law Office of David P Schwarz will make sure that if child custody recommendation is made that it must be in writing and that the parties get a copy prior to the child custody hearing.

A child custody lawyer will not let a mediation report be offered into evidence if the parties have not agreed on a parenting plan. The mediator will not draft a report and give anything to the judge if the parties cannot agree on a custody agreement. However, if there is no parenting plan agreed to the mediators can recommend that further investigation be done under family code section 3110.

The family law court has further resources available for using the family law mediation program. A program they can use is the confidential mediation program. This program can be more lenient and offer a partial plan that the parties have agreed to if they cannot agree to a total parenting plan.

At the Law Office of David P Schwarz we will ensure that our clients receive the best possible custody arrangement that can be done under the Orange County mediation system. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached via email at

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