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Rule 9 (9.1 to 9.14): the Court's policy on custody and Family Court Services' mediation in lieu of a Family Conciliation Court (9.1); mediation completed before any contested hearing on custody or visitation (9.2); the parties' duties and the child custody recommending counselor's written recommendation under Family Code §3183(a) (9.3); the conduct of mediation - private sessions, agreements documented, the counselor's authority to exclude counsel and to interview the children, separate mediations where domestic violence is alleged, and mediation remotely using Zoom (9.4); contested custody - calendar preference and the showing for an ex parte change of a child's residence (9.5); evaluations under Family Code §3111 - appointment on form FL-327 with form CV.010, confidential reports, objections within twenty (20) calendar days, the Tuesday or Wednesday RFO calendar, peremptory challenges and the complaint procedure (9.6); trials and long cause hearings after mediation (9.7); modification motions on the Family Law Request for Order calendar (9.8); the Family Code § 3044 presumption (9.9); defaults (9.10); UCCJEA cases, notice to Family Court Services at least seven (7) court days before a hearing at which a counselor may testify, and minor's counsel (9.11); mediation under Family Code §3170 - disclosures, one peremptory challenge and the complaint process (9.12); the mediation orientation program, completed before the mediation appointment and at least once every two (2) years (9.13); and the result of a failure to comply (9.14).
California > Third Appellate District > Butte County > Superior Court of California, County of Butte
LOCAL RULE 9 CUSTODY/VISITATION MEDIATION (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 1/1/18, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/25, as amended 7/1/26) 9.1 COURT’S POLICY ON CHILD CUSTODY ISSUES (Effective date 7/1/90, as amended 7/1/98) A. It is the policy of this Court to assure the minor child(ren) have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. [Family Code §3020] B. Pursuant to Family Code §3160, Family Mediation Services will be available in all child custody and visitation disputes. These services will be provided by Butte County Family Court Services and are in lieu of a Family Conciliation Court. (Effective date 7/1/90, as amended 7/1/98) 9.2 POLICY: MEDIATION (Effective 7/1/90, as amended 1/1/01, as amended 7/1/14, as amended 1/1/15, as amended 7/1/19) A. It is the policy of this Court that out-of-Court resolution of all issues in family disputes is generally preferable to contested hearings. The Rules regarding mediation and the Rules regarding meet and confer requirements and settlement conferences are to be construed in light of this policy. B. All parties to matters involving child custody or visitation shall complete the mediation process prior to any contested hearing on the issue of child custody/visitation. C. Private sector mediation may be used in lieu of the family mediation services of this Court by agreement of both parties. D. When proceedings are for post-judgment modification of child custody or visitation and where both parties no longer reside in the county, the Court may consider transferring the matter to a more appropriate venue. E. Although the Court does not mandate mediation of family issues other than those related to the child(ren), it is preferred that parties and counsel obtain the services of a private sector mediator for negotiation of all non-child custody and visitation issues which they are unable to otherwise resolve. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/14, as amended 1/1/14, as amended 1/1/15, as amended 7/1/19) 9.3 DUTIES AND OBLIGATIONS OF THE PARTIES (Effective 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) A. In all proceedings where there is a contested issue regarding the custody of or visitation with a minor child and the parties are unable to reach an agreement prior to their hearing, the Court will order the parties to attend mediation with Butte County Family Court Services or with an agreed mediation service. In the event the parties have not met with a child custody recommending counselor prior to the hearing, the Court will normally order the parties to schedule a mediation conference and continue the matter until mediation of those issues can be conducted. B. The purpose of mediation proceedings shall be to reduce any hostility which may exist between the parties and, where appropriate, to develop an agreement or make recommendation assuring the child(ren)'s close and continuing contact with both parents. The parties shall make a good faith effort to arrive at an agreement through the mediation process. If no agreement is reached, the mediator, in the role of a child custody recommending counselor, shall submit a written custody and visitation recommendation to the parties, attorneys, and the Court for consideration pursuant to Family Code§3183(a). The provisions of Family Code §3025.5 regarding confidentiality are applicable to the submitted report and recommendation. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/08, as amended 1/1/12, as amended 1/1/15, as amended 7/1/25) 9.4 CONDUCT OF MEDIATION (Effective 7/1/90, as amended1/1/02, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/24, as amended 7/1/25) A. The mediation session(s) with the parties shall be held in private. In all matters in which the mediator who conducted the initial mediation session is asked to testify and in which a recommendation pursuant to Family Code §3183 was submitted, privilege and confidentiality may not apply. At a contested hearing where the child recommending counselor is called to testify, the counselor may be questioned by the parties and the Court as to the basis for any statement or recommendation contained in his or her report. B. If the parties reach agreement during mediation, the mediator shall document in writing the terms of the agreement. A copy of this document shall be submitted to the attorneys and to any unrepresented party prior to the next Court hearing. C. The child custody recommending counselor shall have the authority to exclude counsel from participation in the mediation sessions where, at the discretion of the child custody recommending counselor, exclusion of counsel is deemed to be appropriate or necessary. The child custody recommending counselor shall have the duty to assess the needs and interests of the child(ren) involved in the controversy and shall be entitled to interview the child(ren) when the child custody recommending counselor deems such interview appropriate or necessary. The interview of the child(ren) shall be conducted in accordance with California Rule of Court, Rule §5.210(e)(3). The child custody recommending counselor shall summarize the interview in the mediation report. If the child(ren) have appointed counsel in the family law matter, that counsel may be present at the interview with the child(ren) at the discretion of the child custody recommending counselor. Counsel for the child(ren) must be notified of any interviews in sufficient time to allow counsel to be present at the interview, should counsel for the child(ren) chose to do so. D. Pursuant to California Rules of Court, Rule 5.215(d)(6), Family Court Services shall offer separate mediations in the event of domestic violence allegations. In all other instances, Family Court Services shall have discretion whether to meet with the parties separately. E. The Court provides mediation services remotely using Zoom as the platform. The Court is responsible for scheduling the Zoom video conference and providing connection information to involved parties. Mediation services may be conducted in person at the discretion of the Court, whenever deemed necessary. (Effective 7/1/90, as amended1/1/02, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/12, as amended 7/1/14, as amended 1/1/15, as amended 1/1/24, as amended 7/1/25) 9.5 CONTESTED CUSTODY CASES (Effective date 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/14, as amended 1/1/15) A. PREFERENCE. Any case in which custody or visitation remains in dispute after completion of mediation shall proceed to hearing and shall be entitled to calendar preference pursuant to Family Code §3023. B. TEMPORARY CHILD CUSTODY 1. Prior to the hearing on a Request for Order (RFO) or Noticed Motion, it is the policy of this Court not to issue an Ex Parte order changing the child(ren)'s principal place of residence or to deny the access of any parent to the child(ren), except under the most extraordinary circumstances. 2. Any application to change the child(ren)'s living situation or to deny access of any person, who has legal right to custody or access to the child(ren), to the child(ren) prior to a full hearing shall include the following: a. reference to the terms of any existing Court orders bearing on custody or visitation of the child(ren) (if any); b. the current time-sharing schedule or agreement (if any), and how long the schedule has been in effect; c. any changes in the child(ren)'s place of residence in the past 120 days and the circumstances, including the dates and reasons for all such changes; d. what time-sharing program is proposed; e. the reasons for any proposed changes in the child(ren)'s living situation; and f. other relevant information. (Effective date 7/1/90, as amended 1/1/01, as amended 7/1/04, as amended 7/1/14, as amended 1/1/15) 9.6 EVALUATION UNDER FAMILY CODE §3111 (effective date 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/11, as amended 7/1/12, as amended 7/1/14, as amended 1/1/18, as amended 7/1/19, as amended 7/1/25, as amended 7/1/26) A. The Butte County Superior Court has the discretion to appoint a child custody evaluator to conduct an evaluation in all child custody and visitation matters. The provision set forth in Rule 5.220 of the California Rules of Court and related Rules shall be followed. B. Any case in which custody or visitation remains in dispute after the completion of mediation and after recommendation may be referred to an agreed upon private evaluator, subject to a Court determination that the appointment of a Family Code §3111 evaluator would be in the child(ren)’s best interest. The evaluation shall be conducted according to the standards set forth in California Rules of Court. Rule 5.220. All child custody evaluators must meet the qualifications, training and continuing education requirements specified in Family Code §§1815, 1816 and 3111 as well as California Rules of Court, Rules 5.225 and 5.230. Said referral shall be made by stipulation of the parties, upon noticed motion, upon recommendation of the Child Custody Recommending Counselor or on the Court's own motion. 1. In all matters referred for a child custody evaluation, pursuant to this Rule, such evaluation shall be completed by a different individual than the one who has conducted a mediation and/or recommendation between the parties. 2. The appointment of a Family Code §3111 evaluator must be pursuant to a written order of appointment using Judicial Council Form FL-327 with Additional Orders Attachment (Child Custody Evaluator) (Form CV.010) as an attachment the parties will be ordered, if requested, to pay for any evaluative services consistent with their ability to pay. C. All written reports pursuant to Family Code §3111 shall be confidential in nature, and accessible only to the parties, their attorneys and the Court. The report shall be kept confidential in the case file and neither the child(ren) nor any individual(s) not a party to the action shall be permitted to read such report or receive copies thereof without an express Order of the Court. D. Written reports pursuant to Family Code §3111 shall not be utilized by any person for any purpose other than as set forth in statute, without the express written consent of all parties to the action. This Rule does not, however, prohibit its dissemination pursuant to the Special Matter Order pursuant to T.N.G. vs. Superior Court, adopted by this Court and filed March 24, 1994, nor to any party filing a mandated Suspected Child Abuse report concerning the involved minor(s) pursuant to Penal Code §11166. 1. The following Rules shall apply to all custody evaluations undertaken pursuant to Family Code §3111: E. Subject to Penal Code §11166, confidentiality of any communications between the involved child(ren) and the evaluator shall be maintained, unless such is knowingly and intelligently waived by the child(ren), subject to the approval of both the evaluator and counsel representing the child(ren), if any. F. Any child(ren) seen with one parent must also be seen with the other, unless that parent makes him or herself unavailable. G. All involved children shall be interviewed separately by the evaluator, unless otherwise determined by the evaluator. H. No evaluation shall be based upon an interview with only one party. I. If an evaluation is ordered by the Court, neither parent shall subject the child(ren) to further examination or evaluation by an expert without the approval of the Court or the consent of the other party(ies) to the action and approval of counsel for the child(ren), if any. This does not preclude any counsel for the child(ren) from seeking an independent evaluation of the child(ren) without consent of the other party(ies) to the action, subject to Court approval first obtained. J. It is the policy of the Court to resolve disputed custody and visitation issues as soon as possible after an evaluation has been rendered by a private evaluator. K. Prior to preparation of the written custody evaluation and recommendation, the evaluator may schedule a conference with the parties (these shall be separate conferences if Family Code §3113 is applicable), at which time the proposed recommendation and the reasons therefore will be discussed. In the event the parties can agree at that time, a written agreement will be prepared and, if approved by the parties and counsel (if represented), such will be executed and filed with the Court. L. All written evaluations private evaluators made pursuant to Family Code §3111 shall be served with proof of service upon the parties or their attorneys, pursuant to Family Code §3111(a). The evaluations shall include a Recommended Order and notice of the procedures contained in (e) below. M. In the event either party objects to the evaluation and recommended order, [s]he shall file with the Court within twenty (20) calendar days of service of the report on the party or attorney for the party [(D) above], a written Notice of Objections, providing endorsed, filed copies to the public agency or private individual preparing same, and the opposing party's attorney of record or the party if unrepresented. The written notice shall state: [1] the specific paragraph(s) and language in the Recommended Order objected to by the party; [2] the reason(s) for the objection(s); and [3] the proposed modification to the Recommended Order. N. The Court shall, upon receipt of objections, set the matter on a Tuesday or Wednesday RFO calendar for a pretrial conference. The parties and their attorneys, if represented, shall attend the conference. The following items shall be addressed at the pretrial conference: 1. The identification of the custody and visitation issues to be tried; 2. The viability of a judicially supervised settlement conference involving the parties, the attorneys, and the evaluator; 3. The determination of the amount of time necessary for trial, and 4. The setting of the custody and visitation issues on the Tuesday or Wednesday Request for Order (RFO) calendar, with priority, for setting of a judicially supervised settlement conference and/or trial. O. No motion for bifurcation of a custody or visitation issue shall be necessary. P. In the event no objections to the proposed order are filed within twenty (20) days, as set forth in Paragraph (M) above, the recommended order previously submitted may be signed and filed as an order of the Court if upon review, the Court finds the Recommended Order to be appropriate and in the best interests of the child(ren) involved. Q. Trial Setting: If custody and/or visitation issues remain unresolved after the settlement conference, the settlement conference judicial officer shall set the matter on a Tuesday or Wednesday RFO calendar for trial setting and the matter will proceed to trial on those issues. R. The custody evaluators report is a confidential document and its dissemination shall be limited to the parties, their attorneys and to any custody experts retained by the parties. No other persons, including mental health providers, shall receive a copy absent Court order. No party shall discuss the report with the child(ren) except minor’s counsel may discuss the report with his/her client. S. Peremptory challenges: Peremptory challenges to any evaluator (private evaluator, or mental health professional) shall be made at the time the evaluator is appointed. Each party shall be entitled to no more than one peremptory challenge [California Rules of Court, Rule 5.220(d)(1)(A)(ii)] T. Complaint Procedure: If a party alleges that an unprofessional or inappropriate act has occurred on the part of the evaluator during the course of the evaluation, they should bring that to the attention of the Court by writing a letter to the Court, submitting a Family Court Services Client Complaint Form, or filing a motion. 1. Written complaints or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928 2. The Court, in assessing the complaint, will ask the Operations Manager to evaluate the complaint. Upon receipt of the complaint, the Operations Manager shall send copies of the complaint to each party. The Operations Manager shall report back to the Court in writing, with copies to the parties, within ninety (90) Court days of the formal complaint. 3. The evaluator is considered the Court’s witness and functions at the request and under the guidance of the Court. The Court will determine whether a new evaluator is appointed and may consult with other professionals in the course of evaluating the evaluator [California Rules of Court. Rule 5.220(d)(1)(A)(iv)] U. Ex-Parte Communications: The Rules addressing this subject are in Family Code §216, California Rules of Court, Rules 5.235 and California Rules of Court, Rule 5.220(d)(1)(A)(v). V. Withdrawal of Child Custody Evaluator: The Child Custody Evaluator may request to be allowed to withdraw from an evaluation at any stage of the process for the following reasons: 1. Conflict; 2. Nonpayment of fees; 3. Lack of cooperation by a party; 4. `Any other significant reason which prevents the Child Custody Evaluator from completing the evaluation. W. If the Child Custody Evaluator wishes to be removed from the case, the Child Custody Evaluator shall forward a letter to the Operations Manager specifically stating the reasons for the request. The Operations Manager shall review the letter and forward copies of the request to each party and to the Court. The parties shall have twenty (20) days to file a motion challenging the request. If no motion is filed, the Court may grant or deny the request for withdrawal and Family Court Services shall notify the Child Custody Evaluator and the parties of the Court’s decision. FAXED LETTERS WILL NOT BE ACCEPTED. [California Rules of Court, Rule 5.220(d)(1)(A)(iii)]. X. The Court will not receive the Family Code §3111 (custody investigation) report in evidence unless the evaluator is available for cross-examination or upon stipulation of the parties. (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/11, as amended 7/1/12, as amended 7/1/14, as amended 1/1/18, 7/1/19, as amended 7/1/25, as amended 7/1/26) 9.7 CALENDAR: TRIALS OR LONG CAUSE HEARINGS AFTER MEDIATION (Effective 7/1/90, as amended 7/1/98, as amended 7/1/04 as amended 7/1/08) A. Contested custody/visitation matters are entitled to preferential setting for a long cause hearing or trial. The custody/visitation issue may be set for settlement conference and trial as soon as the parties have complied with the Court's mediation requirements and a written recommendation has been prepared. B. A party desiring to schedule an early long cause hearing or trial date on the issue of custody or visitation shall, at the time of filing the At-Issue Memorandum or prior to requesting a long cause hearing, verify by a filed and served affidavit or declaration the following: 1. That custody or visitation is contested; 2. That mediation has been unsuccessful; 3. That the parties have completed mediation and that a recommendation has been prepared and is available for the Court if appropriate; 4. That the recommendation is objectionable, in whole or in part (listing the differences with the recommendation item by item or attach any previously filed objections, where appropriate); 5. That another recommendation would better serve the interests of the child(ren) (reciting the proposed alternative recommendation) if appropriate; and, 6. That an early settlement conference and/or trial date are requested solely on the issue of custody or visitation (and any designated accompanying issues). (Effective 7/1/90, as amended 7/1/98, as amended 7/1/04, as amended 7/1/08) 9.8 CALENDAR: MOTIONS FOR MODIFICATION (Effective date 1/1/91, as amended 7/1/04, as amended 1/1/15) A. A motion for modification of either custody or visitation shall be calendared on the Family Law Request for Order calendar. (Effective date 1/1/91, as amended 7/1/04, as amended 1/1/15) 9.9 DOMESTIC VIOLENCE AND CHILD CUSTODY FC§ 3044 (Effective 7/1/90, as amended 1/1/01, as amended 7/1/26) A. When a parent subject to the Family Code § 3044 presumption against custody would like the Court to find the presumption has been rebutted, the following procedure applies: 1. The party seeking to prove the presumption against custody has been rebutted must file a noticed request for order (RFO), alerting the Court and opposing party, and minor’s counsel, if any, of the request. 2. The RFO should detail the facts on which the requesting party intends to rely, along with copies of any relevant certificates or letters of completion of necessary services or programs. 3. On the noticed date for the first hearing, evidence will not be taken. Other parties or counsel in the case will have the opportunity to file a response. 4. The matter will be set for an evidentiary hearing. (Effective 7/1/90, as amended 1/1/01, as amended 7/1/26) 9.10 DEFAULTS AND FAMILY CODE §2336 PROCEEDINGS (Effective 7/1/90) A. Where the Judgment is taken by default, and there is no attached written agreement of the parties concerning custody and visitation, an attached factual declaration shall set forth the following: 5. Where the party is seeking joint custody, what specific contact with the child(ren) the defaulting party shall have. 6. Where the party is seeking to deny visitation between the child(ren) and the defaulting party, the reason(s) visitation should not be ordered. B. In preparing the declaration, the party shall inform the Court when the parties were separated, who has been the primary caretaker of the child(ren) during the past six (6) months and the extent of contact between the child(ren) and the non-caretaker parent during that time. (Effective date 7/1/90) 9.11 MISCELLANEOUS (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 7/1/14, as amended and retitled 1/1/15, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/26) A. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT CASES. 1. Cases involving the UCCJEA (Family Code §3400 et seq.) generally appear initially on the Family Law Request for Order calendar. 2. Counsel should provide written points and authorities and declarations or affidavits in support of their jurisdictional contentions at the time of hearing. These declarations or affidavits shall contain a history of any other state's involvement with the case. The parties shall provide to the Court properly certified copies of any foreign decrees. Each party shall file a Declaration under the Uniform Child Custody and Jurisdiction Act, Judicial Council Form FL-105/GC-120. B. HEARINGS. 1. The parties shall keep Butte County Family Court Services staff informed as to dates of any contested hearing that may require the child custody recommending counselor to testify so that they may plan their schedules accordingly. Notice must be provided at lease seven (7) court days prior to the hearing. A confirming letter is required for notice; counsel are required to submit the letter via eFile. If the trial is vacated or continued, notice of the change must be provided promptly to Family Court Services by the party who requested the Child Custody Recommending Counselor to testify. Child Custody Recommending Counselors should not be subpoenaed, but will be available to testify at 8:30 am trials upon the request of a party or the Court. 2. A child’s wish to address the Court regarding custody and/or visitation shall be approached pursuant to Family Code §3042 and California Rule of Court, Rule 5.250. C. APPOINTMENT OF COUNSEL FOR CHILD(REN). 1. In any proceeding covered by these Rules, the Court, if it would be in the best interests of the minor child(ren), may appoint private counsel to represent the interests of the child(ren) pursuant to Family Code §3150 et seq. 2. Nothing shall prohibit the child custody recommending counselor from recommending that minor's counsel be appointed for the child(ren). D. PARTIAL AGREEMENTS. 1. The child custody recommending counselor is authorized to make a full or partial recommendation if a full agreement is not reached during the mediation conference. E. CHILD CUSTODY RECOMMENDING COUNSELOR’S DISCRETION 2. The child custody recommending counselor may, at his or her sole discretion, and without either consent of the parties or order of the Court, recommend that an investigation be ordered pursuant to Family Code §3111, or that other action be taken to assist the parties to effect a resolution of the controversy prior to any hearing on the issues. The child custody recommending counselor may, in appropriate cases, recommend that restraining orders be issued and/or that counsel be appointed to represent the involved child(ren). (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 7/1/08, as amended 7/1/14, as amended and retitled 1/1/15, as amended 7/1/19, as amended 1/1/21, as emended 1/1/24, as amended 7/1/26) 9.12 MEDIATION PURSUANT TO FAMILY CODE §3170 (Effective 7/1/90, as amended 1/1/04, as amended 7/1/08, as amended 1/1/11, as amended 1/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 7/1/19, as amended 1/1/24, as amended 7/1/25) A. In all matters involving initial mediation of child custody disputes pursuant to Family Code §3170: 1. The assigned child custody recommending counselor shall have the absolute duty to disclose to both parties any prior or current, personal or professional, contact said mediator may have had with either party or members of their immediate families, and the particulars thereof, as well as any prior or current, personal or social, relationship with the attorney representing either party, if any. The assigned child custody recommending counselor shall also disclose to both parties any other factors which might tend to affect said mediator's professional objectivity. After such disclosures, but prior to the commencement of the mediation session, the parties to the mediation shall be given the opportunity to request a different mediator, and any requests in this regard shall be honored. Only one peremptory challenge per party to the assigned child custody recommending counselor shall be permitted. 2. In the event all professional employees of Family Court Services are disqualified or disqualify themselves pursuant to this Rule, the parties shall select a private mediator or evaluator immediately, and such disqualification(s) shall be reported to the Court prior to the time set for hearing. Should the parties be unable to select a private mediator or evaluator, the Court shall make such selection of such private mediator or evaluator. Costs or fees shall be paid as may be determined by the Court. Additionally, the Court may elect to refer the matter to a reciprocal Superior Court. B. In those matters in which a written recommendation pursuant to Family Code §3183 has been ordered, such recommendation shall be prepared by the child custody recommending counselor who most recently conducted mediation with the parties. C. In those matters referred to the Family Court Services for a child custody investigation, report, and recommendation pursuant to Family Code §3111, such report and recommendation shall be completed by a different individual than the one who has conducted mediation between the parties within the previous twelve (12) months. This provision may be waived by the parties to the action subject to approval of counsel, if any. Such waiver, if entered, shall be either in written form, or stipulated in open Court. D. Notwithstanding the above provisions, any professional staff member of the Family Court Services may, at any time, recuse him or herself from a given mediation, child custody evaluation, or recommendation if [s]he believes that professional objectivity has been compromised. [Family Code §3163] E. Complaints concerning Family Court Services professional personnel shall be dealt with as follows: 1. Parents, parties and/or attorneys desiring to file a complaint regarding the mediation process or an individual mediator/child custody recommending counselor may submit a written complaint to the Operations Manager utilizing the Family Court Services Client Complaint Form. This form is available in the Clerk’s Office. Complaints pertaining to the Operations Manager may be submitted to the Court Executive Officer. 2. Written complaint or forms can be returned to: Court Administration Superior Court of California, County of Butte 1775 Concord Avenue Chico, CA 95928 3. Written acknowledgement that the Court has received the complaint will be sent to the complainant. Within twenty (20) Court days an appropriate investigation of the matter will be conducted. If warranted, the person identified in the complaint will be given notice of the complaint and an opportunity to respond. At the conclusion of the investigation a written notice of the final action shall be sent to the complainant. (Effective 7/1/90, as amended 1/1/04, as amended 7/1/08, as amended 1/1/11, as amended 1/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 1/1/24, as amended 7/1/25) 9.13 MEDIATION ORIENTATION (Effective date 1/1/01, as amended 7/1/19) A. All parties involved in contested custody and/or visitation issues shall complete a mediation orientation program prior to their mediation appointment. This orientation shall be completed at least once every two (2) years. (Effective date 1/1/01, as amended 7/1/19) 9.14 RESULT OF FAILURE TO COMPLY (Effective date 1/1/09, as amended 7/1/19) A. Failure to comply with any of the Rules contained within Rule 9 (9.1-9.13) may result in any of the following on request of an opposing party or on the Court's own motion: 1. Making an order based solely on the pleadings properly before the Court. 2. Making or vacating orders as the Court deems appropriate under the circumstances. 3. Continuing the matter. 4. Awarding attorney's fees and costs against the non-complying party, without the requirement of filing either an Income and Expense Declaration or a noticed motion. 5. Removing the matter from calendar. B. The Court retains discretion to excuse non-compliance with any Rule or Rules on a showing of good cause. (Effective date 1/1/09, as amended 7/1/19)
LOCAL RULE 9 CUSTODY/VISITATION MEDIATION (Effective 7/1/90, as amended 1/1/04, as amended 7/1/04, as amended 1/1/07, as amended 7/1/08, as amended 1/1/09, as amended 1/1/11, as amended 1/1/12, as amended 7/1/12, as amended 1/1/13, as amended 7/1/14, as amended 1/1/15, as amended 1/1/17, as amended 1/1/18, as amended 7/1/19, as amended 1/1/21, as amended 1/1/24, as amended 7/1/25, as amended 7/1/2
Reviewer note: Composed 2026-10-10 (California T4 Butte build 2026-10-10) from BenchPath custody ca/t4/ca-butte/docs/local-rules/local-rules-january-2026-final-edit_san.pdf (the court's rule book, its cover “Local Court Rules Effective July 1, 2026”, as fetched 2026-10-10; 6485001 bytes, sha256 043b7a23248fccbde751232510b0b283759182bb05446c97c68478f2adcb12b1; 229 pages; this rule PDF pages 43 to 52) with the shared verbatim composer (v2 reflow) and its strike-out: 19 rules - 1 to 4, 6, 9, 12 to 22, 50 and 51 - each composed from its own pages (PDF pages 14 to 126, printed “Page 1 of 216” to “Page 113 of 216”), from its heading (“LOCAL RULE 1 GENERAL RULES”, with its history note on the same row) to its last history note: each page's running header (“SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES”) and its two footer lines (the rule's name and “Page N of 216”) removed as chrome - PDF page 24, a Rule 2 page, prints Rule 1's name in its footer, removed there too; lines reflowed into the rules' paragraphs, each rule's heading and each subdivision's label and title (“2.1 APPLICABILITY”) set as one line, as printed on one row; the strike report (review/strike-report-2026-10-10.txt) finds no struck run; 14 whitespace-only fixes (build/book-fixes.json: eleven complaint addresses in Rules 6, 9, 16, 17 and 51 whose street the reflow ran into the court's name, each street set on its own line as printed; Rule 2.6(B)'s transcript request address set on its four lines; Rule 2.16's empty label “D.” set apart from Rule 2.17's heading; Rule 16.27's “c)Training” set on its own line) and no same-character fix; the vertical-gap, short-line, page-break, bold-line, false-break, fragment and row audits (custody file book_extra_audits.py; review/book-extra-audits-2026-10-10.txt) list candidates read one by one; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the list of the rules with their effective dates, the applicability statement, the table of contents, the abbreviations, the subject index, the forms indexes and the local forms printed as page images (PDF pages 127 to 229) belong to no card. Review note: Rule 9.6(D) names the Special Matter Order adopted by the Court and filed March 24, 1994 (“pursuant to T.N.G. vs. Superior Court”); no captured page or document carries it.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.