CALIFORNIA FAMILY CODE
RIGHT TO CUSTODY OF MINOR CHILD
MEDIATION OF CUSTODY AND VISITATION ISSUES
Family Code Section 3183
(a) Except as provided in Section 3188, the mediator may, consistent with
local court rules, submit a recommendation to the court as to the custody
of or visitation with the child, if the mediator has first provided the
parties and their attorneys, including counsel for any minor children,
with the recommendations in writing in advance of the hearing. The court
shall make an inquiry at the hearing as to whether the parties and their
attorneys have received the recommendations in writing. If the mediator
is authorized to submit a recommendation to the court pursuant to this
subdivision, the mediation and recommendation process shall be referred
to as "child custody recommending counseling" and the mediator
shall be referred to as a "child custody recommending counselor."
Mediators who make those recommendations are considered mediators for
purposes of Chapter 11 (commencing with Section 3160), and shall be subject
to all requirements for mediators for all purposes under this code and
the California Rules of Court. On and after January 1, 2012, all court
communications and information regarding the child custody recommending
counseling process shall reflect the change in the name of the process
and the name of the providers.
(b) If the parties have not reached agreement as a result of the mediation
proceedings, the mediator may recommend to the court that an investigation
be conducted pursuant to Chapter 6 (commencing with
Section 3110) or that other services be offered to assist the parties to effect a resolution
of the controversy before a hearing on the issues.
(c) In appropriate cases, the mediator may recommend that restraining orders
be issued, pending determination of the controversy, to protect the well-being
of the child involved in the controversy.