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[CA] Can I challenge being ordered back to mediation in a custody case?

Liz
Liz

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That is done with motions. The motion to waive further mediation and the motion for reconsideration. Although, you could combine them since the reconsideration is of the current mediation. (CA Fam Code § 3175)

You can use the FL-300, it's the catch all request for order, or you could draft them on pleading paper. (Cal. Civ. Proc. Code § 1003)

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I had court today, and the judge ordered us back to mediation after we had mediation on 10/23, where we did agree. We were ordered again to mediation on 09/25. The mother did not complete orientation, and the six months expired. I filed ex parte in 02/2026. The mother right away did orientation on 03/20 before the hearing. Her response was that she did not agree with changing custody orders.

The judge, knowing we were not in agreement at the last mediation and not in agreement on our current filings, ordered us again to mediation just for the mother and me to disagree and then wait for another hearing, wasting time after she stalled seven months by not doing orientation. This feels so unfair. The judge just wanted to lighten his calendar and call our case quickly.

Lexi

Lexi, Chatbot

I understand how frustrating it can be to feel like the court process is not working in your favor. Can you tell me what specific custody issues you are currently facing?

California.

Lexi

Lexi, Chatbot

Have you been able to communicate your concerns about the judge's decision to your attorney or legal representative?

Yes.

Lexi

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your custody issues.

Just that I feel unfairly treated, because even though it was a different judge, when I did not do orientation they put a no-contact order in place with no police report or any CPS report or abuse. But when the mother did not do orientation, this judge did not care and just re-ordered us to complete orientation and go to mediation again.

Liz

Liz

Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, did you make objections to the mother taking the orientation so late?

Yes. The judge did not care when I told him this was ordered seven months ago. He called my case first, and I could tell he had his mind made up, just trying to get quick cases off the calendar.

Liz

Liz

I'm so sorry, this was a different judge than the one you had before?

I was told it is California law that judges have to send you to mediation, but we already went, and I explained that to him. They have switched my judge about four times.

Liz

Liz

I understand your frustration. Do you know why they keep switching?

The case has been open for eight years. The first judge retired. The second judge, I complained to the judicial commission and filed a recusal, but it was untimely because it was not ten days before the hearing. She was switched anyway. The third judge, I do not know why he was switched. Now I am on the fourth judge.

Liz

Liz

Thanks for sharing that. It sounds like a long and challenging process. If you can't get a fair hearing at all in that court, you could consider a change of venue. With this unfairness, you also could preserve things for appeal and take the order to a higher court.

I do not have an attorney. By the time I appeal, the mediation and court date would be done, yes. Appeals take months.

Liz

Liz

You can still preserve for appeal even if not represented. Although, have you been to legal aid? Appeals do also pause the rest of things.

I do not want to appeal because that will just postpone things longer, and it has already been seven months. It is faster to just go to mediation and disagree.

Are you AI or real?

Liz

Liz

That is fair, which once that is done, you should be able to request an actual trial. I'm a person, I've been an attorney 12 years.

I tried to request a trial, but we were resent to mediation, so I have to waste time waiting for a date in the mail just to say I do not agree, then wait for a court date.

I do not want to go to mediation again after we disagreed at the last one. She is already disagreeing in her response.

Liz

Liz

You could consider requesting a judicial review, but that is similar to an appeal. You could also file for reconsideration, but as you noted, it is faster to go and disagree.

It can also, in some ways, be strategic. If you actually try and she is not being reasonable, it can show she is not acting in good faith.

Yes, that is what my friend said. It sucks that she got away with not doing orientation, stalling seven months, and then just going to mediation. She said I can file a reconsideration or challenge the judgment to be set aside, but it would probably just get denied and upset the judge.

But again, why send us to mediation when we did not agree at the last mediation? Why send us to mediation when the response from the mother is that she does not agree?

Liz

Liz

It is because they do not want to have to hold a trial or issue an order. Sometimes they think if they send it to mediation enough times, maybe you will find a way to agree. Although, if she is not open to it, you might as well be mediating with a wall.

I understand that, but is it not case by case? We already had mediation, and her response, which she wrote this past week, says she does not agree.

These issues have been brought up for two years now, and nothing has changed. These are not new issues.

Liz

Liz

It is because they do not want to have a trial or issue an order. Sometimes they think if they send it to mediation enough times, maybe you will find a way to agree.

Although, if she is not open to it, you might as well be mediating with a wall. I agree that when mediation does nothing, they should consider it. Although some judges are also lazy. Even if it does nothing, they will send you to it anyway, which is a waste of everyone's time to just sit there and say no.

I am not unfit for my daughter. All I am asking is more overnights and drop-off at school instead of meeting with the mother at night.

The mother’s only argument is getting her to school, and today I got her attendance record showing fifty-eight tardies. The mother said it was because my daughter and I sleep together in the same room, so I bought a sofa couch last month for me to sleep on. I am not asking for much.

Liz

Liz

I understand how important it is for you to have more time with your daughter and to ensure her well-being. It sounds like you're taking steps to address the concerns raised, which is great. You could also file to ask the court to waive all further mediation, but that can also take time.

I have been in court enough to know the judge had his mind made up by calling me first, being lazy, sending us to mediation, not caring that it has been seven months, not caring that we already went, and not caring that we disagree in our current filings.

I was thinking about printing out the response from mediation where we did not agree, along with the mother’s filings where we do not agree, and filing a request for order reconsideration. He did not read anything, just skimmed through my filing.

Liz

Liz

With skimming, he may not have even noticed that you had already mediated. There is also the option of a judicial complaint.

Yes, I think that is a good idea, given the amount of disagreements. Good. I agree. I do not believe he looked into the case history. They are so busy and work at a speedy rate. There are some judges who pause to research, but he was not one of them.

Liz

Liz

They also are not supposed to take gender into account, but a lot of judges still have that unconscious bias about how the mother should call the shots, which is ridiculous.

What steps would you take to file to have mediation waived and reconsideration, please?

Liz

Liz

That is done with motions. The motion to waive further mediation and the motion for reconsideration. Although, you could combine them since the reconsideration is of the current mediation. (CA Fam Code § 3175)

You can use the FL-300, it's the catch all request for order, or you could draft them on pleading paper. (Cal. Civ. Proc. Code § 1003)

Yes, that is why I recused the second judge. The mother was pregnant from another man and clearly said to the judge, “I want my daughter around when my baby is born.”

Then the mother filed a medical continuance for Monday but was at a freestyle concert the Friday prior. She told the judge what she wanted, the judge knew she was stalling, and still granted the continuance. He denied me the ability to take my daughter to school and agreed with the mother.

The mother refused to give me my daughter’s school uniform and told me to buy my own. I did not take my daughter to school, and the judge said I was unfit, even though you have to order the uniform and cannot just buy it at school.

Family court is a little different, is it not, when it comes to what format of papers to file compared to criminal court?

Liz

Liz

Family court will be slightly different with the header, but the whole numbered paragraphs etc., is common across courts.

Is there any standard law or precedent I can use for waiving or for already completing mediation?

For example, the Strickland standard rule.

I think I will use the FL-300 and add in the mother’s declaration that she does not agree, the past mediation disagreement, and text messages.

My friend said it was weird because I told the judge we mediated already inside court and outside and still do not agree. She said he just wanted to be lazy and pass on the case.

She feels it will get denied, so she does not want me to put too much effort into it, just exhibits.

I do not feel mediation is necessary, and all this time has been wasted just to request overnights. The hearing would have been five to ten minutes at most on that small issue.

My daughter already spends the night in summer and every other weekend.

Liz

Liz

Legal standards and precedents can vary widely depending on the specifics of your case and jurisdiction. In family law, judges often have broad discretion. California uses the “good cause” standard, which is rather vague.

Liz

Liz

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Liz
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