Superior Court of California, Santa Cruz

The best interest of the child means having two healthy, non-violent, caring parents actively and consistently in their lives that are able to communicate with each other and coparent . Research has shown that children with an absentee parent are more likely to use drugs and alcohol earlier, become teen parents, drop out of school, and exhibit criminal behavior. Therefore, it is in their best interest that both parents actively spend time with them. This is why you are in Court now B to set up a schedule for both of you to see your child in the best way possible.

2. What does Family Court Services (FCS) do?

Once parents separate, the Court can help you create a parenting plan for timeshare and custody that is in your children's best interests (not yours). We prefer that you make these decisions because you know your family best, but if you can't, FCS can help with parenting issues, including dissolution, paternity, or domestic violence. An FCS Mediation/Evaluation never involves money, child support, or property.

The mediators/investigators are licensed therapists. Because the Court and the mediators are neutral parties, they can look at the situation more clearly to figure out what really is best for your child. They are not on your side or the other parent's side, but the child's side. If you and the other parent do not reach a full agreement, the Court may make some decisions you don't like, based on what is in the c hild's best interests , according to Court rules.

3. What kind of services does FCS offer?

FCS has a number of options for parents. Parents are limited to three hours total of free mediation per year. If you have not resolved your issues after the three hours, the Court may charge you $60/hour for its services. Below is a description of the services available from Santa Cruz Superior Court.

C Screening Mediation : When you come to Court with a parenting dispute, the Judge may send you out with a mediator. Children are NOT involved in this process. Normally, this screening will take only a short time to find out what the issues are. The mediator will then schedule you for a Recommending Mediation, which may or may not include a Child Interview.

C Recommending Mediation (RM) : This is our standard mediation. It normally takes at least 2 hours. If you reach an agreement, the Judge will make it an order that day. Children are NOT involved in this process. If you reach an agreement during your meeting, both parents and the Judge sign it that day, making it a Court order; you don't need to return to Court for the follow-up appointment. If you reach only a partial agreement or no agreement, the mediator will write up a Recommendation, and give it to you within a day or two.

C Confidential Counseling : Parents may attend Confidential Counseling with a Court-contracted private counselor. You may see the counselor without coming to Court, or be referred by the mediator. This service is offered at the reduced fee of $225 for 3 hours. Children are NOT involved in this process. No information will be communicated to the Court. If you do not reach a full agreement, you may then return to Court for mediation.0

C Child Interview : The mediator may want to talk to the children. This is done without the parents in the room. The mediator will then make a report to the parents and the Judge.

C Review of Parent Plan : The mediator will schedule a Review to see how the parenting plan is working, and if the terms of the order are being followed (such as counseling or classes).

C Family Dispute Resolution (FDR): The Family Dispute Resolution allows the mediator to have a more in-depth assessment of your issues by interviewing you and your children. This appointment may take 2-3 hours.

C Custody Evaluations

4. What if you want to move away?

It is usually better for the children to have easy access to both parents, which means having the parents nearby. But the Court is well aware that there may be good reasons to move (job opportunities, separation, family, domestic violence, drugs/alcohol).

If you wish to move more than one hour away from Santa Cruz County and the other parent objects, you will be sent to a Moveaway Evaluation . The moving parent needs to fill out the Move Away Information Sheet, describing your proposed housing, school, job, health providers, neighborhood, daycare, and transportation to the other parent's home. The investigator will use this information in making a recommendation in the best interest of the children. That means even though one parent may have primary custody of the children, that does not automatically mean that parent can move.

5. What do all these legal terms mean?

Knowing Family Court legal terms helps you make an informed decision about your parenting plan.

C Joint Legal Custody : This is when both parents share legal responsibility for the child B like decisions about the child's schooling, extracurricular activities, medical issues, counseling, and any legal issues involving the police or other public entities. Both parents have equal access to all information about the child, and neither parent can make decisions for the child without input from the other parent.

C Sole Legal Custody : One parent has sole legal responsibility for the child. The other parent has no legal right to make decisions or have access to information. This is not a common custody arrangement; it is done usually when one parent is absent, in prison, a serious substance abuser, convicted of domestic violence, or a danger to the child.

C Joint Physical Custody : Both parents share in the day-to-day schedule of care of the child B feeding, clothing, transportation, etc. This schedule is the most important element of your parenting plan.

C Sole Physical Custody : One parent is responsible for the children all the time, while the other parent has visitation with the children. This custody arrangement is usually done when one parent has been absent, in prison, abusing substances, or a danger to the child.

C Primary Residence : This indicates with whom the child lives most of the time . The child's primary residence often determines where the child goes to school.

C Parenting Plan : This is your timeshare schedule. It covers the school year, summers, holidays. The schedule should reflect which parent is responsible for the children at what times. Any times not specified in the Parenting Plan are the responsibility of the parent with primary residence . If parents share time equally, there is no A primary residence @ .

6. What is a parenting plan?

This is your timeshare schedule. What is the right parenting plan for your children? The best one is with both parents living together as a family. Since that is no longer possible, the best plans give the child regular, consistent contact with both parents.

Each parenting plan is crafted according to parents' work schedules, home schedules, daycare requirements, availability, age, travel time, distance apart, developmental needs of the child, etc. One plan may be every other weekend and one evening per week; another may be every other week; another may be all vacations and holidays (usually because the parents live far apart). As a rule, it's not good for your child to go for a long period of time without seeing the other parent.

Some issues to consider when making your A ideal @ parenting plan:

C Frequent, consistent, continuing contact with both parents : Make sure whatever plan come up with includes frequent and consistent contact with BOTH parents. Whatever your feelings about the other parent, the child loves and wants to be with both of you.

C Telephone contact : How often can a parent call the children, and when? If telephone access has been a problem in the past, or the parents must not talk because of restraining orders, suggest specific times and days to make phone calls.

C Transportation/Exchanges : Transfers from one parent to the other need to be as smooth as possible. If transfers cause problems, consider natural transitions like school or daycare, when there is no face-to-face parental contact. Questions to consider: Who will drive the children? Where they will be picked up and dropped off? Who else should be involved in transfers if the parents cannot transport the children?

C Holidays : The child needs to share in holiday celebrations at both homes with a minimum of fuss, usually alternating years.

C School breaks : How do you plan to split school breaks and summers?

C Long distance parenting : The Court considers it long distance parenting if parents live more than two hours apart. Transportation and visitation are usually big issues.

7. How do I file papers?

The Court process can be confusing. If you do not have an attorney or a paralegal to help you with your paperwork, you can use the free services of the Family Law Facilitator's Office, located inside the Courthouse in the corner near Department 4 (831-420-2200). They can also help you with financial issues, which FCS does NOT address. Because they are neutral, they may help the other parent to fill out paperwork, as well.

8. How should I prepare for Court?

C Be on Time : It is important to show up on time, or call in advance if you are know you are going to be late (831-420-2200).

C Look Neat : Dressing/grooming appropriately is important in the courthouse, courtroom, and mediator/investigator's office. You will not make a good first impression if you are wearing inappropriate or dirty clothes, have not brushed your teeth or hair, bathed, or used drugs or alcohol before coming to Court.

C Children: DO NOT BRING YOUR CHILDREN TO COURT! They will not be interviewed at the screening, and it's VERY hard for them sitting around for several hours!

C Clean Drug/Alcohol Test : If you think the other parent might accuse you of abusing drugs or alcohol, get a recent (within 1-3 days) drug test that accurately shows what drugs might be in your system. A hair follicle test goes back 3 months, so that can be an excellent way to refute drug charges. In any case, you should not be using drugs or being drunk when the children are with you.

C Compromise and flexible attitude : A willingness to compromise for the best interests of your children is important. Judges appreciate parents who are willing to compromise rather than continuing to fight with each other. More importantly, your children appreciate parents who work together to minimize conflict and hostility. Be flexible about the differences in your parenting styles and choices.

9. What things might affect the parenting plan?

C Domestic violence/Restraining orders : Domestic violence affects the children very much, especially if they witness violence between their parents. Children should NOT be around domestic violence, nor should either parent. One way to protect the children and the abused parent is through a restraining order. The Restraining Order is a protective order to keep one person away from the other person. The Court will grant a restraining order if there is possible danger to the child or parent. The parenting plan will often be set up so that there are minimal or nonexistent contacts between parents, especially for exchanges. The restrained parent may also not be able to share legal custody of the children (per FC3044).

C Drugs/Alcohol : If a parent is suspected of, or found to be, abusing drugs or alcohol, the Court may request immediate or random urine drug/alcohol testing or a hair follicle test. Treatment, counseling, and supervised visitation for the addicted parent may be part of the parenting plan.

C Child Abuse : If there are allegations of child abuse, the parenting plan will be crafted to protect the child from further harm. That might include no visitation, supervised or therapeutic visitation, or counseling for the abusing parent and/or child. If CPS is involved with your family, it helps if you have the CPS worker's name when you come to Court. The mediator/investigator will consult with CPS to determine which agency will handle your family's case.

10. When would there be supervised visits?

I f there are serious problems, like child abuse, substance abuse, neglect, etc., that interfere with properly caring for the child, the Court may order a parent to have supervised visits with a professional supervisor. In that case, the parent visits with the child in a structured, safe environment, while the parent needing supervision works towards resolving the issues that required supervision in the first place. Supervised visits are generally a temporary solution. Parents may also use a relative or friend for exchanges, but that often becomes a problem for everyone because it puts them in the middle.

The Court may also order supervised visits for parents who have been absent from their child's life, to help the child gradually become familiar with that parent over a period of time.

11. What are the possible outcomes of the mediation process? And what are your rights, in the event that you are unhappy with the outcome?

C Stipulation/Agreement : This is the Parenting Plan that you two have worked out together. After both of you and the Judge sign your stipulation, it becomes an Order of the Court.

C Recommendation : If you are unable to reach an agreement, or if you are having an Evaluation, the mediator/ investigator writes a recommendation and sends it to you before the Court date.

C Disagreement : If you disagree with all or part of the recommendations, write down your objections in advance, along with your proposed solutions; then in Court, you can explain your position and reasons to the Judge. You also have the right to a hearing if you disagree with the recommendations.

C Hearing : At the hearing, you can bring witnesses and other evidence to bolster your case. The Judge will make the final decision.

12. What do I tell the children about what's happening with the Court?

Children need to know that you and the other parent are working together on a plan. If you feel the urge to explain the whole Court process to the children, stifle it! Your children don't need (or want) to hear the gory details! Do tell your children prior to their interview with the investigator that they will be asked questions about how everything is going for them, now that their parents are separated. Reassure them that the mediator/ investigator is here to help them, and will not make them choose between their parents or get a parent in trouble. Do not coach your child ! It puts pressure on them. That will make you look bad, not the other parent, when the investigator picks up on the coaching.

The Court investigator interviews children over 5 years privately so they can express themselves in a safe, neutral environment. Don't be surprised if their view about the situation is different from yours. Because children are often stuck in the middle, they feel unable to express to their parents what they really feel or want.

13. What is Family Sobriety Court?

Family Sobriety Court is a voluntary program for parents who would like to see their children, but are having problems with drugs/alcohol. Its purpose is to help the using parent to get clean and sober and become a functional, healthy parent. Family Court is partnering with Alto to provide urine testing ($15.00), assessment ($150) and ongoing private and group counseling and meetings (sliding scale).

If a parent is willing to participate in this program, s/he will be required to have random drug tests, have a drug/alcohol assessment, and enter an appropriate rehab program (which includes individual and group counseling, and frequent attendance at AA/NN meetings), as well as meeting with the Judge on a regular schedule. The other parent has the right to attend any of these reviews. The non-using parent (and perhaps the older children) need to attend at least one session at Alto, as well.

14. Can you talk to FCS outside of Court?

C Communication with a Mediator: Mediation involves both parents together. With the exception of domestic violence, the Mediator will not discuss anything without the other parent being present . Talking to the mediator without the other parent around is not allowed.

C Communication with an Investigator : Once your Custody Evaluation is set, anything you give the investigator must be in writing, with a copy to the other parent . During the Evaluation, the investigator may contact either parent or their attorneys. Once the report is written, that is the end of the Custody Evaluation, and you are NOT ALLOWED to talk with the investigator.

15. Are there classes I can take to improve my parenting?

C Co-Parent Class : This is a one-time 3-hour class required for all parents who are separating. It is taught twice a month at the courthouse (and in Spanish in Watsonville). It focuses on strategies to help the parents communicate with each other.

C Parenting Classes/Cooperative Coparenting Classes : Parenting classes teach parents how to be a good parent. Often these are age-specific (very young children, teens, etc.) Cooperative parenting classes teach parents cooperation skills.

C Anger Management Classes : These are classes for parents who have anger issues. Parents may be sent to these classes as a result of domestic violence or to forestall any domestic violence issues.

C Co-parent Counseling : Both parents attend counseling together to work on all kinds of parenting issues. This is done privately by the parents and is confidential.

16. What if there's a restraining order?

A Restraining Order is a protective order to keep one person away from the other person. The Court will grant a restraining order if there is possible danger to the child or parent. It may be temporary (until the hearing), or for a longer period (1-3 years). Once the Restraining Order is in place, the restrained parent must obey it. Violating that order may mean jail time. Restrictions may also be imposed on the parents, such as counseling, anger management classes or supervised contact with the children.

The restrained parent may also not be able to share legal custody of the children (per FC3044).

17. What if there are some serious issues, like drugs/alcohol, domestic violence,

child abuse, CPS involvement, etc.?

The Court may decide to send you to a Custody Evaluation because it wants to take a more thorough look at the family situation.

· Full Custody Evaluation/Move Away Evaluation: The Judge refers parents to this Custody Evaluation if:

· There are serious allegations (drug abuse, child abuse, domestic violence, CPS involvement), or

· One parent wants to move more than one hour away from this area, and the other parent objects.

· Partial Custody Evaluation: A partial evaluation is designed to look at limited issues. Parents may be asked to meet together or separately. They need to fill out the Custody Evaluation paperwork. The fee is $600.

· Psychological Custody Evaluation: If the issues that are presented to the Court include mental health problems or are extremely complex, the Judge may refer the family to a private Psychological Custody Evaluation. This assessment will include extensive psychological testing and numerous interviews and observations. It is often very expensive.

Each parent then meets separately with the investigator, as do all children over the age of five. Adult interviews typically last one hour each, less for children. If you are the victim of domestic violence, you can have a support person with you during the interview. The investigator then writes a Custody Evaluation report, with specific recommendations and sends it to you prior to your Court date. You have the right to see the report 10 days prior to your Court date, so that you can prepare a response, if necessary. The fee for these evaluations is $1600, usually split between the parents. The Judge will determine the fees, if the parents object.

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