Q: Is mediation mandatory for my child support and custody case with no current court dates?
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal representation to address these issues.
A: mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
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A:
In California, mediation is typically mandatory for custody and visitation disputes, especially before a judge makes any decisions. However, mediation is generally not required for issues relating solely to child support. Since your case involves both custody and support, mediation is likely mandatory for the custody portion, even if there aren't any upcoming court dates.
Given that the other party hasn't followed previous court orders or properly served you, you have grounds to seek legal assistance right away. An attorney can advise you on how to request enforcement of existing orders or file motions to address violations promptly. You don't need to wait for mediation to address noncompliance or procedural issues like improper service.
Therefore, you should consider speaking to a lawyer who can guide you through initiating court actions to protect your rights. Even if mediation is eventually required for custody issues, addressing these violations swiftly can strengthen your position in the case. Acting now can help ensure your concerns are heard and properly addressed by the court.
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