Family Court Services (FCS)

Mediation - Family Law

Parties referred by Family Law Court must complete a Mediation Intake Form & Questionnaire. Failure to complete the intake form prior to the appointment will delay initiation of services. Electronically submitted intakes are automatically routed to the FCS Department by email. (Parties without an email address, which is required for electronic submission, may obtain and submit a paper intake form at the FCS Department window located on the 5th floor.)

Mediation Orientation

Parties referred by Family Law Court must watch the Orientation to Mediation video before participating in mediation. The video explains the mediation process, what to expect, and how to participate effectively. Select your preferred language to view the video: 

 English     Spanish     Vietnamese     Korean     Mandarin    Farsi    Arabic.

Mediation - Guardianship

Parties referred from Probate Court must complete and submit the Guardianship Mediation Intake and Questionnaire no later than 5 days before their scheduled appointment. Failure to complete the intake form prior to the appointment will delay initiation of services. Electronically submitted intakes are automatically routed to the FCS Department by email. Parties may, but are not required to, view the Mediation Orientation video.

CCI Intake Form & Questionnaire

Before participating in a Child Custody Investigation/Evaluation, each party must complete the CCI Intake Form and Questionnaire. The form is available as a fillable PDF or parties may obtain a paper copy at the FCS Department window. Completed forms must be submitted by email to FCSInbox@occourts.org no later than 10 days before your scheduled interview. Failure to submit the completed form by the deadline may delay services.

The intake packet also includes important information about the investigation/evaluation process, what to expect during the interview, and how to prepare. Review the entire packet carefully before your appointment.

EI Intake Form & Questionnaire

Before participating in an Emergency Investigation, each party must complete the Emergency Evaluation/Investigation (EI) Intake Form and Questionnaire. The form is available as a fillable PDF or parties may obtain a paper copy at the FCS Department window. Upon referral, each party must immediately complete the intake form and email it to FCSInbox@occourts.org . Failure to submit the completed form may delay services. Appointments are not rescheduled except in extenuating circumstances. If you are unable to attend your interview, please notify Family Court Services as soon as possible.

The intake packet also includes important information including “Tips to Best Prepare for Your Emergency Evaluation” found on the last page of the intake packet. Review the entire packet carefully before your appointment.

Minor Interview Intake Form

Before children participate in a Minor Interview, each parent must complete the Minor Interview Intake Form. The form is available as a fillable PDF or parties may obtain a paper copy at the FCS Department window. Completed forms must be submitted by email to FCSInbox@occourts.org no later than 7 days before the scheduled interview. Failure to submit the completed form by the deadline may delay services.

The parent responsible for the child at the scheduled interview time must provide a private, quiet space free from distractions and interruptions. Headphones are recommended for additional privacy. Parents must not coach the child about what to say or question the child about the interview afterward. If a suitable private space cannot be provided, the parent may contact FCS to request an in-person interview for the child.

FCS staff serve in a combined Mediator/Investigator role and are qualified to perform the full range of mediation, investigation, evaluation, and other assessment services provided by the department. Accordingly, staff must meet the applicable education, experience, training, and continuing-education requirements for both court-connected child custody mediators and investigators/evaluators.

FCS Mediators/Investigators have a master’s degree in psychology, social work, counseling, or a related behavioral science field and relevant professional experience working with children and families. They complete specialized training in areas such as child development, family dynamics, domestic violence, child abuse and neglect, substance abuse, mental health, safety assessment, interviewing, parenting plans, and child custody law. Staff also complete required continuing education and domestic violence training to maintain their qualifications.

For more information, see California Family Code § 1815, California Family Code § 3110.5, California Rules of Court, rule 5.210(f), and California Rules of Court, rule 5.225(c)–(i).

* Professional licensure is not required for the Court Mediator/Investigator position; however, staff who are Licensed Marriage and Family Therapists (LMFTs) or Licensed Clinical Social Workers (LCSWs) must complete additional continuing education during each two-year renewal cycle to maintain an active license.

Confidentiality depends on the service provided. Child custody mediation is private and confidential, except when disclosure is required by law. Investigations, evaluations, minor interviews, and other assessment services are not confidential in the same manner because relevant information may be included in a report or otherwise provided to the Court, the parties, and their attorneys. The Mediator/Investigator will explain the purpose of the service and any limits on confidentiality at the beginning of the appointment.

For more information, see California Family Code § 3177 and California Rules of Court, rule 5.220.

Fees vary by service. Mediation and certain other FCS services are provided at no cost, while some court-ordered investigations and assessments require payment. Any applicable fee and payment responsibility may be identified in the court order or appointment information.

See the FCS Service List for available services and applicable fees and costs.

FCS mediation focuses on child custody and visitation issues. Parties may discuss legal and physical custody, regular parenting schedules, holidays and vacations, exchanges and transportation, communication, decision-making, supervised visitation, and other arrangements affecting the children’s care, safety, and well-being.

FCS mediation does not address child support, spousal support, property division, or other financial matters.

For more information, see What to expect from family court mediation and California Rules of Court, rule 5.210.

If parties reach a full or partial agreement, the mediator will document the agreed-upon terms in a proposed parenting plan for the parties to review. The agreement is then submitted to the Court. If approved by the judicial officer, it becomes a court order. Any unresolved issues remain for the Court to decide.

For more information, see What to expect from family court mediation and California Rules of Court, rule 5.210(e)(8).

If parties do not reach an agreement, the mediator does not make custody or visitation recommendations to the Court. The mediation discussions remain confidential, and the unresolved issues return to the Court for determination. The judicial officer may make orders based on the information and evidence presented or may order additional FCS services when appropriate.

For more information, see What to expect from family court mediation, California Family Code § 3177, and California Family Code § 3183(b).

FCS mediation is generally limited to the parties and the mediator. Attorneys do not participate in the mediation session but may advise their clients outside the appointment. Children, family members, and other individuals may participate only when requested or approved by the mediator.

A party affected by domestic violence may bring a support person as permitted by law. The support person may provide emotional support but may not speak for the party, participate in the discussion, or disrupt the mediation. For more information, see the California Courts’ guidance on custody mediation in cases involving domestic violence. 

No. FCS Mediators/Investigators are neutral court professionals and cannot provide legal advice, represent either party, prepare legal documents, or advise parties about what legal action to take. Parties seeking legal guidance may consult an attorney or use the Court’s Self-Help Services.

The Court may order an investigation or evaluation when additional information is needed to resolve complex or disputed custody and visitation issues. These services may address concerns involving domestic violence, child abuse or neglect, substance abuse, mental health, parental conflict, estrangement, or other circumstances affecting a child’s safety and well-being. The resulting report assists the Court in determining a parenting plan that serves the child’s best interests.

For more information, see Child Custody Evaluations, California Family Code § 3111, and California Rules of Court, rule 5.220.

The Mediator/Investigator gathers and evaluates information related to the issues identified in the Court’s order. The process may include interviews with the parties and children, review of court records and submitted documents, and contact with other individuals or professionals who have relevant information. The Mediator/Investigator then prepares a report summarizing the information considered, findings, and any parenting-plan recommendations for the Court.

The scope and methods used depend on the issues identified by the Court and the circumstances of the case.

For more information, see Child Custody Evaluations, California Family Code § 3111, and California Rules of Court, rule 5.220.

No. Parties should not email documents or other case information directly to the assigned Mediator/Investigator unless specifically instructed to do so. Documents must be submitted according to the instructions provided by FCS, which may include sending them to the designated FCS email address.

FCS cannot accept confidential or one-sided communications about a case. Any information considered must be submitted in a manner that complies with applicable Court procedures and disclosure requirements.

No. FCS recommendations are provided to assist the Court but do not become enforceable unless adopted by the judicial officer. The parties may address the recommendations at the court hearing, and the judicial officer may adopt, modify, or decline to adopt them before issuing orders.

For more information, see Child Custody Evaluations, California Family Code § 3111, and California Rules of Court, rule 5.220.

A child may be interviewed when specifically ordered by the Court or when the Mediator/Investigator determines that an interview is appropriate within the scope of a court-ordered service. FCS generally provides Minor Interviews for children age 12 or older. The interview allows the child to share relevant information about custody and visitation for the Court’s consideration without requiring the child to choose between parents or state a custodial preference.

The age-12 guideline reflects Orange County FCS practice. California law gives particular consideration to the wishes of a child age 14 or older when the child wishes to address the Court.

For more information, see California Family Code § 3042 and California Rules of Court, rule 5.250.

No. Children are interviewed privately without a parent or other individual present unless the Mediator/Investigator determines otherwise. Parents must not observe, listen to, record, or interrupt the interview. For remote interviews, the child must be provided a quiet, private space; headphones are recommended for additional privacy.

Parents should also avoid coaching the child beforehand or questioning the child about the interview afterward.

For more information, see California Rules of Court, rule 5.250.

Participants need a reliable internet connection and a computer, tablet, or smartphone with a working camera, microphone, and speaker. Zoom must be installed or accessible through a web browser. The device should be fully charged or connected to power and positioned in a quiet, private location. Headphones are recommended for improved sound quality and privacy.

Participants should test their equipment, internet connection, and Zoom access before the appointment. Additional guidance is available in the Remote Appointment Tip Sheet.

Notify FCS as early as possible if you need a language interpreter for your appointment. Court-provided interpreter services are available at no cost. Additional information is available through the Court’s Language Access Services.

If you need an accommodation because of a disability, submit form MC-410, Request for Accommodations by Persons with Disabilities as far in advance as possible, but at least five court days before your appointment. For assistance, contact the Court’s ADA Coordinator at 657-622-7769 or ADAInformation@occourts.org.

To request a change, you must file a Request for Order with the Court in your existing family law case. FCS cannot change court orders or schedule a hearing on a party’s behalf. After filing, the Court will set any required mediation appointment and hearing date.

Forms and filing guidance are available through the Court’s Child Custody Self-Help Services. Parties may also review the California Courts’ instructions for requesting or changing a custody and visitation order.