When are mediator recommendations enforceable?

Asked almost 5 years ago - San Mateo, CA

Basically, the mediator's recommendation states "Father shall have full physical custody", but the mother argues that he does not have "full physical custody" because the time share is 70(father)/30(mother) so she thinks they have joint physical custody. Her argument comes after the court order has been signed and filed with the court. On line #1 of the actual court order it states:
Family Court Service Recommendation adopted by the court and hereto attached as exhibit "A". Does that mean the entire recommendation is enforceable and that everything in the mediator's recommendation report is now a part of the court order as well?

Attorney answers (1)

  1. Elizabeth Jones


    Contributor Level 16

    Answered . The simple answer to your question is "yes." The language of the Court "adopting" the the Family Court Services Recommendations means that that is now the order of the court and the language of the order. "full" custody does not have any statutory meaning. Unless otherwise stated, you do have Joint Physical Custody according to the code, but he has Primary Physical Custody.
    These are just words. What is important is the time you spend with the children and maximizing your relationship with them.

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