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Welcome to the Family Court Services Orientation for Parents Guardians

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Welcome to the Family Court Services Orientation for Parents Guardians

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    1. Welcome to the Family Court Services Orientation for Parents & Guardians

    2. Part I: Court Terminology Commonly used court terms that will help you understand legal documents Custody: Legal & Physical Mediation, Mediator & Child Custody Mediation Co-parents The Best Interests of the Child The Parenting Plan Child Custody Evaluation

    3. “Custody” There are two kinds of custody: Legal Custody & Physical Custody It’s important to know the difference between them.

    4. “Legal Custody” Legal Custody: The right to make decisions about a child’s education, non-emergency medical, psychological, dental and optometric care. Joint legal custody permits both parents to be involved in these decisions. Sole legal custody gives one parent authority to make these decisions.

    5. “Physical Custody” Physical custody: the actual time that the child spends with each parent. Joint physical custody: means that each parent has significant time with the child. It does not require that time is shared equally or 50/50. Sole physical custody: means that a child resides with one parent, subject to the power of the Court to order visitation.

    6. “Joint” versus “Sole” Custody and the Legal Presumption Idaho law presumes that it is in a child’s best interest for parents to have joint legal and joint physical custody. Sole custody will only be awarded in limited circumstances. You should consult an attorney if you believe sole custody is best for your child. However, sole custody: Is not granted to one parent based on failure to pay child support Is not granted to one parent based solely on the other parent’s amount of involvement with the child(ren). May be temporary until the other parent is able to comply with court orders or treatment programs.

    7. “Primary Residence” -or- “Primary Physical Custody” Is simply the home in which the child spends the majority of time (overnights). This term may only have significance when a parent is applying for public benefits on behalf of the child.

    8. “Mediation”

    9. “Mediator” Mediations are conducted by mediators who have education and experience in psychology, social work, marriage, family and child counseling, or related fields with special training in working with families in conflict, domestic violence and custody related issues.

    10. “Mediator” If the judge issues a court order for Mediation then you will have an appointment with Family Court Services. Mediators are either selected by agreement or assigned by the court. If you wish to do mediation on your own to reach an agreement, then you can contact anyone of the approved mediators for your district. Click here to view the list.

    11. “Child Custody Mediation” When parents do not agree on custody and visitation arrangements, the Court may require that they attend mediation before the court hearing to try to reach an agreement. In child custody mediation we will attempt to help you reach an agreement on the custody and visitation with your child.

    12. Confidentiality Mediation is confidential. However, if, in the course of the mediation, the mediator hears of abuse or neglect to a minor or vulnerable adult, or hears of a person’s intent to harm himself or herself or another, the mediator is required to report that information to law enforcement or child protection agency.

    13. “Co-Parents” Parents who share responsibility for raising their child(ren), even though they no longer live together.

    14. “Best Interests of the Child” When the court makes an order for a parenting plan, the judge must consider what is in the best interests of the child. The best interests of the child guide all custody and visitation decisions in Family Court.

    15. “Best Interests of the Child” In determining the best interest of the child the court must consider all relevant factors, which may include The wishes of the child’s parent or parents as to his or her custody The wishes of the child as to his or her custodian The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings The child’s adjustment to his or her home, school, and community The character and circumstances of all individuals involved The need to promote continuity and stability in the life of the child Domestic violence, whether or not in the presence of the child.

    16. “Best Interests of the Child” Other factors that may be relevant include: The age of the child The stability of any proposed living arrangements for the child The child’s adjustment to the child’s present home, school and community The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent The capacity of each parent to cooperate in child care Available methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use these methods VOICE OVER: Important to distinguish their needs from those of the child, etc.VOICE OVER: Important to distinguish their needs from those of the child, etc.

    17. “Parenting Plan” A Parenting Plan is a detailed plan for sharing time with your children. It includes: Custody ~ Legal & Physical Time-sharing arrangements Logistical arrangements: Who provides transportation, exchange locations, etc. VOICE OVER: VOICE OVER:

    18. “Stipulation” A formal agreement between the parties. When a stipulation is written and signed by a Judge, it becomes a court order.

    19. A special note about: Stipulations

    20. A special note about: Stipulations The following Court forms and worksheets may be helpful in preparing your agreement about custody or parenting plan.

    21. A special note about: Stipulations If you have come to an agreement and do not need or wish to proceed with your mediation appointment, please have both parties call to cancel the appointment. Family Court Services phone number: (208) 236-7432 If you have come to an agreement, but still would like help in preparing a written agreement, Family Court Services can provide assistance.

    22. “Child Custody Evaluation” In limited cases, the Court may appoint a professional to conduct a child custody evaluation and provide an extensive report with a recommendation. Evaluations can be lengthy, time-consuming and costly. The parents, NOT THE COURT, pay for the evaluation.

    23. Starting the Mediation Process The Mediation Children in Mediation The Mediator’s Report The Hearing After the Hearing

    24. Starting the Mediation Process Court Orders or a motion filed by either parent (Order to Show Cause or Notice of Motion) brings a matter before the Court A Mediation appointment is set Orientation is made available to both parents to prepare Parties appear for mediation

    25. Mediation What will we do in mediation? Discuss and Negotiate. You and the other party will each present your proposals for custody and visitation, and will negotiate and compromise to reach an agreement

    26. Mediation Who should attend? You, the other party or parties. Please do not bring children to mediation appointments unless instructed otherwise.

    27. Mediation Who should not attend? It is not advisable to bring friends, current boyfriends, girlfriends, spouses, partners or relatives to mediation. They will not be included in mediation. Too many people tend to cause confusion and may create more animosity. If you bring someone, it is recommended that they are a neutral party.

    28. When you arrive for Mediation Mediation appointments are done in the Family Court Services Office. Located in the Court Annex Building in Suite F. For your first individual appointment, please arrive 15 minutes early to fill out a required intake form.

    29. In Domestic Violence Cases: Meeting Separately If you wish to have your mediation appointment set separately from the other party, please contact Family Court Services as soon as possible. If you choose to meet together with the other party, the mediator will work to create an environment that is safe and will permit you to be heard. If you at any time feel unsafe, the mediator will end the session and interview both parties separately.

    30. Domestic Violence Cases: Bringing a Support Person If you have a restraining order, you may have a support person present during the mediation: Your support person may provide you with emotional support, but may not participate in the mediation.

    31. “Mediation”

    32. “Mediator” Mediations are conducted by mediators who have education and experience in psychology, social work, marriage, family and child counseling, or related fields with special training in working with families in conflict, domestic violence and custody related issues.

    33. “Mediator” If the judge issues a court order for Mediation then you will have an appointment with Family Court Services. Mediators are either selected by agreement or assigned by the court. If you wish to do mediation on your own to reach an agreement, then you can contact anyone of the approved mediators for your district. Click here to view the list.

    34. “Child Custody Mediation” When parents do not agree on custody and visitation arrangements, the Court may require that they attend mediation before the court hearing to try to reach an agreement. In child custody mediation we will attempt to help you reach an agreement on the custody and visitation with your child.

    35. Starting the Mediation Process The Mediation Children in Mediation The Mediator’s Report The Hearing After the Hearing

    36. Starting the Mediation Process Court Orders or a motion filed by either parent (Order to Show Cause or Notice of Motion) brings a matter before the Court A Mediation appointment is set Orientation is made available to both parents to prepare Parties appear for mediation

    37. Mediation What will we do in mediation? Discuss and Negotiate. You and the other party will each present your proposals for custody and visitation, and will negotiate and compromise to reach an agreement

    38. Mediation Who should attend? You, the other party or parties. Please do not bring children to mediation appointments unless instructed otherwise.

    39. Mediation Who should not attend? It is not advisable to bring friends, current boyfriends, girlfriends, spouses, partners or relatives to mediation. They will not be included in mediation. Too many people tend to cause confusion and may create more animosity. If you bring someone, it is recommended that they are a neutral party.

    40. When you arrive for Mediation Mediation appointments are done in the Family Court Services Office. Located in the Court Annex Building in Suite F. For your first individual appointment, please arrive 15 minutes early to fill out a required intake form.

    41. Domestic Violence Cases: Bringing a Support Person If you have a restraining order, you may have a support person present during the mediation: Your support person may provide you with emotional support, but may not participate in the mediation.

    42. The Goals of Mediation ~ To reach an agreement about custody of your children To reach an agreement about a schedule for sharing time with your children To work out the details of that schedule in the parenting plan. To gather important information from both parties to help the Judge make an order when there is no agreement.

    43. What we cannot do in mediation There are some matters that we cannot address in mediation. These include: Giving legal advice Spousal support Take sides Division of property

    44. Children in Mediation

    45. Children in Mediation The law does not specify an exact age when children have a say about where they live. Unless they are 18 years or older. A child’s maturity as well as age may be considered when deciding how much weight should be given to the child’s preference.

    46. The Mediator’s Report Your mediation will result in a report to the Court. If you and the other parent reach an agreement in mediation, the report will reflect your agreed-upon parenting plan.

    47. The Goals of Mediation ~ To reach an agreement about custody of your children To reach an agreement about a schedule for sharing time with your children To work out the details of that schedule in the parenting plan. To gather important information from both parties to help the Judge make an order when there is no agreement.

    48. What we cannot do in mediation There are some matters that we cannot address in mediation. These include: Giving legal advice Spousal support Take sides Division of property

    49. Children in Mediation

    50. Children in Mediation The law does not specify an exact age when children have a say about where they live. Unless they are 18 years or older. A child’s maturity as well as age may be considered when deciding how much weight should be given to the child’s preference.

    51. The Mediator’s Report Your mediation will result in a report to the Court. If you and the other parent reach an agreement in mediation, the report will reflect your agreed-upon parenting plan.

    52. Pro Per Stipulation If you and the other party reach an agreement during mediation and neither of you have attorneys and no other issues are set to be heard by the court, your mediator can have you sign a “stipulation” form and will notify the court to vacate your hearing.

    53. Partial Agreement or Recommendation If you and the other party did not reach an agreement, the mediator will still prepare a report to the Court. The report may reflect a partial agreement between the parties or in cases where parties cannot agree, a full recommendation will be made.

    54. The Mediator’s Recommendation The mediator’s recommendation is not a court order. Unless it becomes an order, the recommendation is not enforceable.

    55. The Mediator’s Recommendation. . . . . .may include tasks for the parents to complete. For example: Parenting or Co-parenting Classes Anger Management Classes Batterer’s Treatment Drug or Alcohol Treatment Counseling

    56. Remember: It is the best interests of the child ~ not necessarily the needs of the parents ~ that guides the mediator’s recommendations and the Judge’s orders.

    57. The Hearing If a hearing about custody/visitation has been set, your matter will be heard by the Judge in Family Court. At the hearing, the Judge may review your agreement or the mediator’s recommendation, and may ask you questions. The Judge will then make an order.

    58. After the Hearing The Judge’s order will be detailed in a document called the Findings and Order After Hearing or the “Minute Order.” The Judge’s order is enforceable and remains in effect until another order is made to replace it.

    59. Getting the Most out of Mediation How to make mediation work for you and how to get the most out of the mediation process. Be Prepared!

    60. There is no substitute for preparation! Think about possible parenting plan options that will work for your child. Designing the parenting plan should include the active participation of both parents. Sample worksheets to help you brainstorm can be found on our website at How to Prepare for Mediation.

    61. Preparing for Mediation Many parents find it helpful to write out a schedule and bring it to mediation. Visit the Family Court Services website for links to preparation tips and worksheets to help organize your thoughts.

    62. Preparing for Mediation Think through the details of the average day: Your child’s needs Your child’s schedule Your schedule The other party’s schedule Other details

    63. Preparing for Mediation Think of special circumstances: Sharing holidays & birthdays Vacations & travel plans Transportation details Exchange locations

    64. Preparing for Mediation Be realistic. Even the best plan won’t work if it’s not possible to carry out. Stay focused on your child’s needs. This could be an emotionally difficult experience for you. Staying focused on your child will help you in this process. Plan B. Have more than one proposal.

    65. Helpful Additional Documents Copies of previous court orders or restraining orders Police reports Medical records regarding treatment for injuries, illnesses, etc. Letters from teachers, child care providers, therapists or other healthcare professionals Attendance records from child’s school

    66. Documents that may not be as helpful Letters of recommendation from relatives and friends Personal diaries or journal entries Undated pictures Information that has already been submitted in previous mediations

    67. Special Topics Children and divorce Parental cooperation Safety during Mediation Child Protective Services Frequently Asked Questions

    68. Children and Divorce Children experience anxiety, distress and insecurity during separation. Expect some changes in your child.

    69. Children and Divorce If the child returns from visiting the other parent angry and/or upset, it may not be the fault of the other parent, rather the child may be acting out because he/she senses the tension and unhappiness between his/her parents. The first year following the separation is a critical time for kids. Parents may be more distracted, and routines may be disrupted. Everyone, including the child, is struggling to find a new balance.

    70. Children and Divorce The first year following the separation is a critical time for kids. Parents may be more distracted, and routines may be disrupted. Everyone, including the child, is struggling to find a new balance.

    71. Kids & Conflict Children exposed to on-going parental conflict have more emotional, behavioral, social and academic problems than children who are sheltered from the fight.

    72. Parental Co-operation Children’s post-divorce adjustment is directly related to their parents’ ability to cooperate with one another. Reassure your child that there will be an on-going relationship with each parent and shield your child from the conflict.

    73. Parental Cooperation Studies show that children do best when parents cooperate with each other following separation and divorce. Children who have long term emotional problems and relationship difficulties later in life usually have been exposed to ongoing conflict and animosity between their parents while they were children. Here is a link to Co-Parenting Websites to help you work with the other parent in an organized way.

    74. Remember: Respect your child’s right to an on-going relationship with the other parent. You are separating from the other parent. Your child is not.

    75. Important Reminders Children of all ages, who witness family violence of any kind, are emotionally traumatized. Children need to be emotionally and physically safe from parental conflict. Children need a relationship with both parents.

    76. Important Reminders Parents and children experience a great sense of loss in a separation and/or divorce. Parents and children usually need emotional support and guidance through the process of separation and/or divorce. A custody and parenting time plan must take into consideration the age and emotional stage of development of each child.

    77. Important Reminders All children need consistency and stability from both parents. Children do better if they know when they will be spending time with each parent. Parents who make their own mutual decisions regarding a post divorce or separation parenting plan are less likely to need future court involvement and are generally happier with the outcome.

    78. Co-parenting when there has been Domestic Violence Common orders in cases of domestic violence: One parent may be responsible for the children most of the time One parent may have supervised visitation The Court may order counseling before visits begin

    79. Child Protective Services (CPS) Please make note on the initial intake form of any CPS contacts, prior reports or current open case.

    80. Frequently Asked Questions

    81. What if the other party doesn’t come to mediation? The Court is advised when a parent does not participate. The mediator will usually meet with the party who is present. The mediator may attempt to contact the other party. The mediator may make recommendations to the judge with only one party’s input or the judge may re-refer the parties to mediation again.

    82. What if the other party does not come to Court? The Judge may still make an order for your family or may set another Court date.

    83. Can my new spouse, boyfriend/girlfriend participate in mediation or come to Court? Only parties that are named as parties or legally joined to the action may participate in mediation. You must file papers to become legally joined to the action.

    84. How long is the mediation? Times can vary depending on the complexity of the case, but plan to spend at least one hour.

    85. Do I need a lawyer if the other party has one? Attorneys are not permitted to participate in mediation. However, you have a right obtain legal counsel to represent you, or to represent yourself in Court. Attorneys can be especially helpful when there are complex financial matters.

    86. Who pays transportation costs when there is a great distance between the homes? If parties cannot agree on their own, it may be necessary to obtain an order from a judge regarding money and expenses related to transportation.

    87. What is Supervised Visitation? A supervised visit is a meeting of parent and child in the presence of a third person. It is ordered when the Court has concerns about the safety or comfort of the child with a parent or when the Court needs additional information about the visiting parent’s relationship or parenting skills with the child. The third party may be an agency or a mutually agreed upon third party.

    88. Do we have to come back to court in order to change our custody schedule? If you and the other parent agree to change the parenting plan without changing the custody order, it is not necessary to return to Court. It is still best to put your new plan in writing, dated & signed by both parents. If you do not agree or other issues arise, you may file a new motion.

    89. What if the other parent is speaking badly about me to the children? It is very damaging to children when parents speak badly about each other. Avoid the temptation!

    90. Does the Judge ever order that one parent cannot see the child? When does that happen? Rarely. In extreme cases, the Court may stop visitation while a parent fulfills the requirements of the order.

    91. Does the Court favor mothers over fathers or fathers over mothers? No. Neither parent is favored over the other on the basis of gender. Other factors such as the age of the child, the location of the parent to the child’s school, which parent has been the primary caretaker may be important factors in child custody decisions. Remember that decisions are made based on the best interests of the child(ren).

    92. What if I live out of town? If you live more than 150 miles from the Family Court Services office in Pocatello, you may participate in mediation by telephone, however, if you have physical custody of the child it may be necessary for you and the child to appear in order for the mediator to interview the child. It is best to call before your appointment and make arrangements with the mediator.

    93. When can I get a copy of the mediator’s report? The mediator will notify you when the mediation agreement is ready to be signed. Please make sure that all contact information is up to date and correct with the FCS office.

    94. What if I disagree with the mediator’s recommendation? Let the Judge know the reasons why you do not agree. Judges are not required to follow the mediator’s recommendation. Judges may consider information presented in Court before making a decision.

    95. Can I stop visits if the other parent isn’t paying child support? No! Contact the Child Support Services at 1-800-356-9868 if there are any problems with child support.

    96. If the other party has a restraining order against me, can I still see my children? The Court may permit visitation, but if the children are named as protected persons, the Court may stop visitation or require supervised visits.

    97. What should I bring to mediation? Schedules and/or calendars A flexible and business-like attitude Your best ideas & and an open mind

    98. And lastly........................... Do’s and Don’ts in mediation Don't discuss child support or other financial matters. Do consider your child’s age, temperament, and development. Don’t bad-mouth the other parent. Do discuss only valid concerns about the other parent's ability to care for your child. Don't focus on your needs. Do focus on your child's needs.

    99. If you have questions. . . . . .about the information in this presentation, write your questions down and bring them to your mediation appointment or email them to our office.

    100. We wish you and your family the best in your co-parenting efforts!

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