Safety accommodations during mediation

The court can make accommodations for safety reasons during mediation 

You have the choice to not be in the same room with the other parent when talking with the mediator.  

You may also have a support person with you during mediation who may provide emotional and moral support. A support person cannot actively participate in the mediation, either by providing information to the mediator or offering opinions.  

It is not appropriate for attorneys to serve as support persons and should not be involved with mediation.  

Domestic violence, safety, and supervised visitation 

If you are concerned about the impact of domestic violence on your child, please share the information with the mediator and the judge when you go to court. The court will put safeguards in place within your parenting agreement so that each parent understands what they are allowed and not allowed to do.  

In extreme circumstances, your child may receive supervised visitation. This means that the judge will order the other parent to visit with the child in the presence of a neutral third person. Neutral means that the person will remain impartial and not side with either parent.  

Despite being neutral, the third person can and will intervene if there is any kind of safety concern. 

If one parent is concerned for their own safety the judge may order custody or monitored exchanges. There may be a restraining order in these cases, but it’s not required.  

Additional resources

For more information about domestic violence and child custody, see https://www.courts.ca.gov/documents/3044sheetEN.pdf.  

For more information about supervised visitation, see: https://www.courts.ca.gov/1190.htm.