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Do I HAVE to bring my school age child to mediation?

Sacramento, CA |

Mother and I are going back to mediation w/in 6mths so we will see the same mediator.My question is, do I have to bring the child to mediation this time since the mediator has already spoken w/her the first time we saw her?I really don't want my child to miss a day of school to go to mediation;however,mediation is important.Mother's overnight visits were taken away and she now only sees child a few hrs every other sat/sun.Mother has drinking problem,had child sleeping w/bf in the same bed/room when child doesn't know him,bf drinks and has beer in the house when child is there etc.I'm not just not sure what the rules are as far as bringing the child to mediation.Should I try to call the mediation dept and ask them?

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Attorney answers 4


It is unclear why the child has to attend the mediation, how old is the child? Yes, call the mediation department and or mediator to find out if child has to attend the next session. If additional information from the child is needed, perhaps the mediator can go to the child at a neutral location to question the child. Best of Luck to you.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.



The child is 8. I'm not sure why she would have to go every time we have mediation I have always been told I HAD to take her. I will call the mediation dept and ask. Things are happening with the child at the mother's house that are inappropriate hence the terminating overnight visits. So maybe the mediator would want some info from the child about these incidences...?? Thank you for your advice.


Yes, call the mediator and ask. I doubt the mediator will require you to bring the child.



Thank you. That's what I'm going to do.


By all means, call the mediator to find out what he or she is requiring. It is unclear why the child would be required to be at the mediation again and I understand that you don't want your child to miss school. Since the mediator already spoke with the child, I can understand why you would be hesitant to bring the child again. Check with the mediator to see what is required. Best of luck.

Tina Tran, Esq. is licensed to practice law in the State of California. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Tina Tran, Esq.


Unless there is an order requiring the presence of the child, children are not required to attend Family Court Services. (FCS -Formerly Mediation) The Child Custody Recommending Counselor (CCRC, Formerly Mediator) would let you know ahead of time if the child's presence is required. In our county you may call FCS and speak with the receptionist (not the CCRC) to determine whether their presence is needed. While I understand not wanting your child to miss school, it sounds as though the concerns of their safety while they are with mom, are more important than one day of school.

Good luck!

Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.

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