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Chapter Fifteen (Rules 1500 to 1508): the Family Law Facilitator (Rule 1500); mediation by Family Court Services required before any hearing on contested custody or visitation (Rule 1501); confidentiality (Rule 1502); scheduling - a Notice of Mediation (Local Form SC-4042) filed and served within three (3) court days of the appointment, a Notice of Cancellation (Local Form SC-4017) within seven (7) calendar days and cancellation no less than seven (7) calendar days before, disputes, agreements, reports and sanctions (Rule 1503); participants - children six (6) years of age and older, counsel, and interpreters the party provides (Rule 1504); prohibitions and sanctions (Rule 1505); custody evaluations under CRC 5.220 to 5.235 (Rule 1506); the PEACE parent education program, its timing, failure to attend and exceptions (Rule 1507); and co-parenting programs (Rule 1508).
California > Second Appellate District > Santa Barbara County > Superior Court of California, County of Santa Barbara
Chapter Fifteen: Family Court Services 1500 OFFICE OF FAMILY LAW FACILITATOR (a) [Office Established] An office of Family Law Facilitator is established in each geographic region as required by the Family Law Facilitator Act, Family Code (“FC”) section 10000 et seq. (See Local Rules 201-204) (b) [Additional Duties] Attorney family law facilitators appointed by the court shall, in addition to the duties and services prescribed by FC section 10004 , also provide and perform the duties and services permitted under FC section 10005 (a) and (b) as assigned by the Presiding or Assistant Presiding Judge supervising the division to which the facilitator is appointed. (Amended 01-01-11; 07-01-09; adopted effective 07-01-98) 1501 MEDIATION (a) [Description; Purpose] The purpose of Family Court mediation is to provide a confidential forum for separated parents to meet and discuss custody and visitation issues with a court-appointed mediator. The goal is to develop an agreed-upon parenting plan focused on the best interests of the children. (b) [Required Mediation] Mediation by Family Court Services is required before any hearing on a contested issue of child custody or visitation. Mediation is also required when a court order or judgment provides for mediation at the request of either party, or when a court has ordered mediation, even though no motion is pending. Unless excused by the Court for good cause, the mediation requirement must be met. (c) [Voluntary Mediation] When a family law action has been filed, but no motion or Order to Show Cause (OSC) is pending, a mediation session may be scheduled upon the request of either party to resolve any issue of custody or visitation. If a party refuses to attend a voluntary mediation, that party’s refusal may be used as good cause to order attorneys fees as sanctions under FC section 271 or any other statute that imposes fees as sanctions for failure to cooperate. (Amended 01-01-11; 07-01-09; adopted effective 07-01-98) 1502 CONFIDENTIALITY All mediation proceedings shall be held in private and all communications between the parties and the mediator shall be deemed confidential. Statements made during mediation by the mediator, or by any party, witness or attorney, shall be inadmissible in future hearings. Proposed agreements prepared by the mediators shall not be attached to pleadings and filed with the court unless signed by all parties to the mediation, and by counsel for any represented party. The court may impose sanctions upon parties or counsel who attempt to introduce such statements in evidence or make reference to the Court in any manner to any statements made in mediation. The mediator shall not be available as a witness in any proceedings. No information shall be communicated by the mediator to the court other than described in Local Rule 1503(d). By written agreement or stipulation made in open court, the parties may agree to waive confidentiality in future mediation sessions. However, disclosure of statements by minors is discouraged notwithstanding the waiver of the children's privilege by the holder(s) thereof. (Amended 01-01-11; 07-01-09; adopted effective 07-01-98) 1503 PROCEDURES (a) [Scheduling Mediation] Parents shall cooperate as much as possible in scheduling a mediation appointment. The parent wanting resolution of the custody or visitation issue(s) shall contact the other parent to determine the most mutually convenient day(s) of the week and time slot (morning or afternoon) for an appointment. The appointment is set by calling the Mediation Appointment Secretary (“Secretary”) at Family Court Services in the designated region. (b) [Notice of Mediation] Within three (3) court days after getting a mediation appointment, the parent who set the appointment shall file and serve on the other parent a Notice of Mediation (see Local Form # SC-4042). The use of the Notice of Mediation form is mandatory. (c) [Inability to Agree on Date of Mediation] If the parents cannot agree on a mutually convenient date for the mediation appointment, then the parent wanting resolution of the custody or visitation issue shall nevertheless schedule a mediation appointment and give notice to the other parent by filing and serving the Notice of Mediation form. (d) [Cancellation of Mediation Appointment] If the other parent is unable to attend the scheduled appointment, then he or she has the responsibility to do the following: 1. File and serve a Notice of Cancellation (see Local Form # SC-4017). The use of the Notice of Cancellation of Mediation form is mandatory and must be filed and served on the other parent, unless there is an emergency, within seven (7) calendar days of the receipt of the Notice of Mediation; and 2. Cancel the mediation appointment with the Secretary no less than seven (7) calendar days before the scheduled mediation. The parent who cancelled the mediation appointment must work as soon as practicable and in good faith with the other parent to reschedule the appointment to a mutually convenient date and time. (e) [Disputes Regarding Scheduling, Attendance and Cancellation of the Mediation Appointment] In addition to the procedure outlined above, if a dispute regarding the attendance at, cancellation of, scheduling of or re-scheduling of a mediation appointment arises, either parent may file a “Request for Case Management Conference/Trial Setting” (see Local Form SC-4014). The Court will then schedule a hearing on the matter and give notice to the parents. The staff of Family Court Services is not authorized or required under any circumstances to referee scheduling disputes between parents or counsel. (f) [Agreements Reached in Mediation] If a tentative agreement has been reached between the parents at the mediation, the mediator shall prepare a written agreement and present it to the self-represented parent(s) or the counsel for parent(s), if represented, for approval. No agreement shall be presented to the court, nor shall the court approve any agreement, until it has been signed by the parties and approved by their counsel, if retained. (g) [Reports of Mediator] If no agreement is reached at mediation, the mediator may inform the Court whether further mediation should be or has been scheduled. (h) [Sanctions for Failure to Make Reasonable Efforts to Contact the Other Parent Prior to Setting the Mediation Appointment] Failure to make reasonable efforts to confer to a mutually agreeable mediation date may result in the imposition of sanctions against either party or counsel in the discretion of the Court. (i) [Sanctions for Failure to Attend Mediation] Failure to attend mediation before a hearing or trial on custody and/or visitation without good cause may subject the parents to monetary and/or issue sanctions in the discretion of the Court. Among the factors the Court may consider in determining if a parent had good cause for not attending mediation are: Whether a Notice of Mediation was properly served on the other parent and filed with the court; Whether a Notice of Cancellation was properly served on the other parent and filed with the Court; Whether the Secretary for Family Court Services and the other parent were notified of the cancellation no less than seven (7) calendar days before the mediation appointment; and Other circumstances that may have happened after the seven-day cancellation deadline which caused a parent to miss a scheduled mediation session. (Amended effective 07-01-23; amended 07-01-12; 05-06-11; 07-01-09; adopted effective 07-01-98) 1504 PARTICIPANTS (a) [Parties Required to be Present] The parties and their minor children who are ages six (6) or older are required to participate in mediation. Other interested persons may be included in the process at the mediator's sole discretion. In cases of domestic violence, a support person may be present at mediation as permitted by FC section 5519. (b) [Presence of Children] Children six (6) years of age and older on the date of mediation shall be present. The parent having the child with him/her on the date of mediation is required to bring the child. If the child is twelve (12) years of age or younger, that parent shall also provide a person to supervise or remove the child after completion of the child's interview. Children under six (6) years of age shall not be brought to the Family Court Services Offices unless the mediator requires their presence. The mediator may excuse the presence of any child. (c) [Participation of Counsel] It is recommended that counsel confirm with the local mediation office to ascertain whether or not to appear at mediation. If permitted by the mediator, Counsel may be personally present at the commencement of mediation. The mediator has sole discretion to exclude attorneys from the mediation proceeding. (d) Language Interpreters] If an interpreter is required to assist the mediation process, it is the responsibility of the party needing the interpreter to provide one. A family member should not be used as the interpreter without the consent of the other party and opposing counsel. The interpreter shall interpret only and shall not offer opinions, suggestions or comments. (Amended 01-01-11; 07-01-09; adopted effective 07-01-98) 1505 PROHIBITIONS & SANCTIONS (a) [Weapons and Recording Devices] No weapons, tape recorders or electronic surveillance devices may be brought to the Family Court Services Office or to any Family Court mediation. (b) [Referrals to Attorneys] In the event any party seeks a referral to an attorney, the mediator shall make no recommendation of private counsel but will advise the party that the services of the Family Law Facilitator are available. (c) [Abuse of Process; Sanctions] The court may impose sanctions against parties and counsel for abuse of the mediation process, including but not limited to: failure to properly schedule mediation, failure to give the required notice, failure to reasonably cooperate in scheduling a mediation, and failure to attend a properly scheduled mediation. (d) [Mediator Conflicts of Interest] Absent full disclosure and consent, a mediator shall not participate in the mediation process if an attorney-client or psychotherapist-patient relationship exists or existed between the mediator and any party or counsel. (Amended 01-01-11; 07-01-09; adopted effective 07-01-98 1506 CUSTODY EVALUATIONS The Santa Barbara Superior Court advises all litigants, attorneys and evaluators that the processes and procedures set out in Family Code sections 211, 3110 – 3118 and the CRC 5.220, 5.225, 5.230 and 5.235 are adopted in their entirety. (CRC 5.220 (d) (1) (A) (i)). All parties and evaluators are advised to review those statutes and rules before seeking, stipulating to or performing a custody evaluation. 1. [Peremptory Challenges] Peremptory challenges to court-appointed investigator-evaluators are not allowed. (CRC 5.220 (d) (1) (A) (ii)). 2. [Withdrawal of Evaluator] Evaluators may move the Court at any time to withdraw from a case. The motion for withdrawal shall be heard on the regular law and motion calendar unless there are exigent circumstances that qualify as an emergency and require an ex parte hearing (See Local Rule 1408). (CRC 5.220 (d) (1) (A) (iii)). 3. [Complaints] Generally, complaints regarding an evaluator’s performance shall be addressed at the time of the hearing related to the evaluation report, unless there are exigent circumstances that qualify the complaint as an emergency that requires an ex parte hearing. (CRC 5.220 (d) (1) (A) (iv); (CRC 5.225 (j) (1) (A)). 4. [Ex parte Communications] Ex parte communications between the evaluator and the parties or their counsel shall be governed by (CRC 5.235). (CRC 5.220 (d) (1) (A) (v)). 5. [Initial Order] At the outset of the evaluation, the evaluator shall be provided with a copy of the order of appointment that specifies the statute under which the evaluation is to be completed (Evidence Code section 730, FC section 3110 or CCP section 2032.010 et seq), and that sets forth the purpose and scope of the evaluation. (CRC 5.220 (B) (i) and (ii)). 6. [Conduct and Education of Evaluator] All child custody evaluators shall adhere to the conduct and educational requirements of the Local Rules and the Rules of Court Rules 5.220, 5.225, 5.230, and 5.235. (CRC 5.220 (d) (1) (C)) 7. [Fees] Any order for evaluation shall make a determination and allocation between the parties any fees or costs for the evaluation and shall set forth the sanctions for failure to pay. Such order may include a reservation of jurisdiction for re-allocation. (CRC 5.220 (d) (1) (D)). (Amended 01-01-11; 07-01-09; adopted effective 07-01-98) 1507 PARENT EDUCATION PROGRAMS (a) [Requirement to Attend] All parties to a family law proceeding in which there are minor children, including, but not limited to actions for parentage or legal separation, nullity, dissolution of marriage, or actions to establish or modify custody or visitation, including uncontested cases, shall physically or electronically attend and complete the program entitled 'Parent Education and Co-Parenting Effectively' ('PEACE'). Parties shall physically or electronically attend prior to the first of the following events: 1. expiration of sixty (60) days following service of the pleadings that commence the proceeding; or 2. custody mediation provided through Family Court Services; or, 3. entry of any order or judgment involving custody or visitation. (b) [Purpose of Program and Description] The purpose of the program is to provide education and encouragement for parents to engage fully in parenting and effective cooperation. The program will teach cooperative parenting skills with emphasis on the effects of custody and visitation litigation on children. (c) [Instructions, Registration and Fee for Attendance] No fee will be charged for the program. Written instructions regarding the requirement of attendance and registration for the parenting education program shall be provided by the Clerk to any party filing any of the documents described in rule 1507(a). A copy of these written instructions shall be served on the opposing party by the filing party at the time of service of the documents described above. (d) [Attendance Before Mediation; Exceptions] If any party has not completed the required parent education program by the date on which the mediation is scheduled, the mediation date may be reset to a later time to permit the party to attend the program. The mediator may proceed with the mediation if it is in the best interests of the children. In such a case, the mediator shall first require any party who has not attended the program and who has failed to obtain a waiver of the requirement, to sign a written stipulation, which will be incorporated in a court order, requiring that party to attend the required program not later than a specified date. (e) [Failure to Attend and Remedies] 1. If a party does not attend the parent education program as required by this rule, the other party may move the court for an order compelling attendance and for an award of attorney fees or other sanctions. 2. If one party does not attend the parent education program as required by this rule, and the other party seeks the entry of any order or judgment involving custody or visitation of minor children, the party seeking such order shall first move the court for an order compelling the other party to attend the program and for an award of attorney fees or other sanctions. If the court grants the order to compel attendance and the other party does not comply, then the court may, upon application and a showing of good cause, enter the requested order or judgment. 3. If the court enters an order or judgment for good cause when one party has not completed the program, the non-complying party may not seek any affirmative relief with respect to any child-related issue(s) until: a. that party has completed the program; or, b. that party obtains leave of court to proceed by application with a showing of good cause. (f) [Exceptions to Requirement for Attendance] 1. Nothing in this rule supersedes the right of the parties to seek ex parte relief as provided in these rules prior to attending the parent education programs. 2. If physical or electronic attendance at the PEACE program will be a hardship, the court may require and accept attendance by a party at an equivalent parent education program. 3. An order delaying or waiving the requirement of attendance at the parent education program may be obtained from the court upon a showing of good cause. (g) [Certification of Attendance] The instructors of the PEACE program shall provide attendees with a 'Certificate of Attendance' verifying completion of the course by each attending party. If a party participates in the PEACE program electronically, the party shall print a hardcopy 'Certificate of Completion' and file it with the court within the time for completion of PEACE program attendance. be obtained from the court upon a showing of good cause. (Amended 01-01-19; 01-01-11; 07-01-09; 07-01-08; 01-01-03; 01-01-99; adopted 07-01-98) 1508 CO-PARENTING PROGRAMS (a) [Requirement to Attend] The parties may be ordered to attend other parenting education programs. The parties shall attend when: (1) the court orders the parties to attend the program because the court determines a high degree of conflict exists consistent with the criteria prescribed by Family Code section 3190; (2) the parents stipulate that they will both attend the program; or (3) the court orders both parents to attend based upon a recommendation from Family Court Services or a recommendation from a child custody evaluator that is made in accordance with the criteria set forth in FC section 3190. The court may also order parties to attend classes in child development, child psychology, parenting and related topics. (b) [Purposes of Programs] The purposes of the programs are to provide instructional counseling to the parents to (1) reduce conflict, (2) reduce the children’s exposure to conflict between their parents, (3) educate parents about communication options and problem solving, (4) help parents understand their accountability under existing court orders, and (5) improve understanding of child development, parenting skills and the effect of parent conflict on children. (c) [Failure to Comply] Failure to comply with an ordered parenting education program shall result in an order to repeat the entire program or another appropriate sanction. (d) [Fee for Attendance] The parties shall be assessed a fee to defray the cost of the parenting program in an amount to be established by the court. Such fee shall be waived for any party who obtains an order from the court to proceed in forma pauperis. Any fees associated with any parenting education shall be allocated pursuant to court order. (e) [Inadmissibility] Statements made during parenting education by any attendee, instructor or either parent shall be inadmissible in future hearings. Sanctions shall be imposed upon a party and counsel who attempt to introduce such statements into evidence. (Amended 01-01-11; 07-01-09; 07-01-08; adopted effective 07/01/99)
Chapter Fifteen: Family Court Services 1500 OFFICE OF FAMILY LAW FACILITATOR (a) [Office Established] An office of Family Law Facilitator is established in each geographic region as required by the Family Law Facilitator Act, Family Code (“FC”) section 10000 et seq. (See Local Rules 201-204) (b) [Additional Duties] Attorney family law facilitators appointed by the court shall, in addition to the d
Reviewer note: Composed 2026-10-07 (California T4 Santa Barbara build 2026-10-07) from BenchPath custody ca/t4/ca-santa-barbara/pages/forms-filing__local-rules.html (the court's Local Rules page, “Current Local Rules / Effective January 1, 2025”, as fetched 2026-10-07; 894893 bytes, sha256 1059f4db3448c727e841119aa4222d3065d08c4da61c2ab925230763ca01031a) with html-compose.py (the Orange composer) over the page's content sections, after build/ol_markers.py wrote into each ordered-list item the label the browser draws (the page sets the rules' subdivisions as HTML ordered lists, whose labels are not in its text: 327 labels - 192 decimal, 80 lower-alpha, 31 lower-roman and 24 upper-alpha - the counts the browser computed on the live page); the page's opening lines (its heading, effective date, note and links) and its closing Appendices list belong to no chapter; the rule body cut at the chapter headings. Proofs: the composer's (the multiset of non-space characters equals the sections' text less chrome), the labels are the only characters added, the labels match the browser's counts, and the cut reassembles the rule body. The page's “PDF version” link serves a book marked effective January 1, 2027 that carries rules still proposed for comment; it is held with its receipt and a review task, and the page is the source. Review note: Rule 1504(d) makes the party needing an interpreter responsible for providing one; the court's Family Court Services page says Spanish speaking mediators are available and Family Court Services arranges an interpreter for other languages on two weeks' notice (a review task). Published as printed: Rule 1504(d)'s heading opens without its bracket.
1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.