Parent Orientation Instructions

1. Parent Orientation Instructions NOTE: Please allow this slide show presentation to continuously scroll on its own to the end. This presentation is mandatory prior to Mediation and will take 35 minutes to complete.

2. Superior Court of CaliforniaCounty of AlamedaChild Custody Mediation IMPORTANT NOTE:  You will be given instructions at the end of this presentation on how to print your certificate. Please pay close attention to the instructions.

3. Welcome to the Orientation for Parents & Guardians

4. This Presentation We have designed this presentation to help you get the most from your mediation. • Section I: General Information about Mediation. • Section II: Mediation when there are allegations of Domestic Violence. • 30 minutes, covering the following topics:

5. Topics: • Important Terms to Know. • An Introduction to the Legal Process • Tips for Making the Most of Mediation • Children and Divorce • Answers to Frequently Asked Questions

6. If you have questions: about the information in this presentation, write your questions in your hand-out and bring them to your mediation appointment. Your mediator will be happy to answer your questions.

7. 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 mediation.

8. 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 • Petitioner & Respondent • Mediation & Child Custody Mediation • The Best Interests of the Child • The Parenting Plan • Child Custody Evaluation

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

10. “Legal Custody” Legal Custody:who has the right to make decisions about a child’s education, religious upbringing, and non-emergency medical care. Joint legal custodypermits both parents to be involved in these decisions.Sole legal custodygives one parent authority to make these decisions.

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

12. “Petitioner” & “Respondent” ThePetitioneris the person who filed the papers that started the court action. TheRespondentis the other party, who was served with the Petitioner’s papers and then filed a response.

13. “Co-Parents” • Parents who share responsibility for raising a child, even though they no longer live together.

14. Who are the parents?A note about AB 205 • AB 205 is theCalifornia Domestic Partner Rights and Responsibilities Act of 2003. • It gives registered domestic partners most of the rights, protections, benefits, as well as responsibilities, obligations and duties as married couples. • AB 205 pertains tosame-sex couplesas well as heterosexual registered domestic partners.

15. AB 205 & Child Custody & Visitation • Under AB 205, a child born to registered domestic partners is automatically considered the legal child of both partners, regardless of the either partner’s biological connection to the child.

16. “Mediation” Mediation is a meeting between disputing parties and a neutral third person – the mediator – whose role is to assist the parties in reaching an agreement. The mediator does not represent either party, but remains impartial.

17. “Mediator” • A trained professional assigned to help parents discuss their child’s needs and assist them in making a schedule that best serves the child.

18. “Child Custody Mediation” When parents do not agree on custody and visitation arrangements, California law requires that they attend mediation before the court hearing to try to reach an agreement. In child custody mediation we will attempt to reach an agreement on the custody and visitation with your child.

19. “Confidential” mediation • Some counties in California have “Confidential” child custody mediation. In those counties, only the parents’ agreement is reported to the Court. All other matters discussed in mediation are confidential to the extent required by law, and not disclosed.

20. “Recommending” Mediation • Some counties in California have “Recommending” child custody mediation. In those counties, the mediator is expected to make a recommendation about child custody and visitation matters when the parents do not agree. The best interests of the child guides the recommendation.

21. “Recommending” • Alameda County is a “recommending” county. • If you and the other party do not reach an agreement, the mediator will make a recommendation to the Court.

22. Limits to Confidentiality • If, in the course of the mediation, the 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 mediator is required to report that information.

23. “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.

24. “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.

25. “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.

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 appoint a professional to do a thorough evaluation and provide an extensive report with recommendations. Evaluations can be lengthy, time- consuming and costly. The parents, not the Court, pay for the evaluation.

28. Part II: The Legal Process • Starting the Legal Process • The Mediation • The Mediator’s Report • The Hearing • After the Hearing

29. Starting the legal process • Motion filed to bring this matter before the Court. • Other party must be served with the papers. • Mediation appointment set

30. Mediation • What will we do in 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. Mediation • Who will attend?You, the other party and the mediator. • What is the goal?An agreement on the best parenting plan for the children.

32. A special note about:Domestic Violence In cases where there are sworn allegations of domestic violence, the parties may each meet separately with the mediator. If you choose to meet with the other party, you may bring a support person to the session. This person is not permitted to participate, but may offer you emotional support.

33. In Domestic Violence cases what areSworn Allegations? • Either you or the other party make allegations of domestic violence in writing and swear under penalty of perjury that the allegations are true.

34. In Domestic Violence Cases: Restraining Orders • Emergency Protective Order (EPO) • Temporary Restraining Order (TRO) • Criminal Protective Order (CPO) • Other temporary or permanent restraining orders.

35. In Domestic Violence Cases:Meeting Separately • You and the other parent may have separate appointments scheduled for you • You may request a joint appointment • If you have a restraining order, it must have a special exception for peaceful contact between the two of you if you want to meet together.

36. In Domestic Violence Cases:Bringing a Support Person to the Mediation Your support person: • May provide you with emotional support, but may not participate in the mediation.

37. What we can do in mediation • Reach an agreement about custody of your children; • Reach an agreement about a schedule for sharing time with your children; • Work out the details of that schedule in the parenting plan. • Take important information from both parties to help the Judge make an order when there is no agreement.

38. What we cannot do in mediation There are some matters that we cannot address in mediation. These include: • Giving legal advice • Child support • Spousal support • Division of property

39. A special note about:Children in Mediation Please do not bring children to your mediation appointment. If it is appropriate and necessary to interview your child, the mediator will advise you and another appointment will be arranged.

40. After the mediation: the Report Your mediation will result in areport to the Court. If you and the other parent reach an agreement in mediation, the report will reflect your agreed-uponparenting plan.

41. The Report If you and the other party did not reach an agreement, the mediator will still make a report to the Court.

42. The Mediator’s Recommendation • The mediator’s recommendation isnot a court order. • Not all recommendations become orders,Judges often make different orders. • Unless it becomes an order,the recommendation is not enforceable.

43. The Mediator’s Recommendation may include tasks for the parents to complete. For example: • Parenting Classes • Anger Management Classes • Batterer’s Treatment • Drug or Alcohol Treatment • Counseling

44. In Domestic Violence Cases:The Parenting Plan will address issues such as: • Has the alleged violence affected your children? • Have your children been exposed to the violence? • Have your children been frightened or injured? • Have your children tried to intervene in the violence?

45. Remember: • It is the best interests of the child~ not necessarily the needs of the parents~ that guides the mediator’s recommendations and the Judge’s orders.

46. The Hearing After the mediation, your matter will be heard by the Judge or Commissioner in Family Court. At the hearing, the Judge will review your agreement or the mediator’s recommendation, and may ask you questions. The Judge will then make anorder.

47. In cases of Domestic Violence:Determining if the alleged violence occurred • The Judge ~ not the mediator ~ makes a determination as to whether the alleged violence actually occurred.

48. In Domestic Violence Cases:California Family Code Section 3044 • There are rules that the Judge must follow in granting custody when he or she has made a determination that violence has occurred. • You will be given a copy of this law to read before your mediation. • Be sure to read it!

49. After the Hearing The Judge’s order will be detailed in a document called theOrders After Hearing. The Judge’s order isenforceableand remains in effect until another order is made to replace it.

50. Be on time. Be organized & prepared. Address your comments to the Judge, not the other party. Do not bring children to Court. Turn off cell phones and pagers. Tips for the Court Hearing