Q: Can a CA judge make visitation orders before we even see a mediator?
The first time we went before a judge it was supposed to be about temporary spousal support. The next date a month later was for mediation and then we’d go before the judge again. Well the judge made visitation orders before we went to mediation. The other party and the attorney made false allegations I was not allowing visits. I thought I’d have an opportunity to talk about this with the mediator but that opportunity was not given to me. By the time we saw the mediator again we had already been having visitation that was never agreed upon. I thought it was California law to require mediation before a visitation order was made. Please correct me if I’m wrong. Thank you.
A:
Hi, happy late Sunday to you!
Under California law, a judge does have the authority to make temporary visitation orders before mediation in a family law case, but there are some important caveats:
- The court can make emergency temporary orders to establish custody and visitation at the initial hearing if there are allegations that one parent is wrongfully preventing the other parent from having contact with the child. This allows visitation while the full case gets resolved.
- However, either parent can request a full evidentiary hearing before such emergency orders are made if there are disputes over the facts. The judge has to grant the request for hearing if requested.
- At the evidentary hearing, both parties would have a chance to present evidence and testimony to support their version of events before the court rules.
- If no evidentiary hearing is requested or held, then the court can make temporary orders, but custody mediation is still required before final orders are made.
- At mediation, you will have the chance to present your side and evidence refuting any false allegations. The mediator can recommend changes to the orders.
- If you and the other parent cannot come to agreement in mediation, you can request an evidentiary hearing before the final orders.
So in summary, the judge can make emergency temporary visitation orders before mediation in California, but you have the right to request an evidentary hearing to dispute any facts before final orders are made. You still have opportunities to address the allegations against you. Speak to your attorney about requesting a hearing.
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