Divorce Lawyers San Jose - Judicial Custody Conference
JUDICIAL CUSTODY CONFERENCE (JCC)
a. If mediation is completed and there are remaining custody or
visitation disputes, the mediator shall put in writing substantial
agreements as described in the Mediation section above, and shall
include a generic description of the remaining disputes. These
documents shall be sent to the attorneys and self-represented
parties. The mediator will refer the parties to a JCC, unless there
(Eff. 1/1/07) are extraordinary circumstances.
b. The attorneys and parties shall confer within 15 calendar days of
the filing of any objections or the mailing of the mediator’s
referral, to make a good faith effort to resolve the issues remaining
in dispute. If the issues are resolved, the attorneys or self-
represented parties shall immediately prepare a stipulation for the
(Eff. 1/1/07) APJ’s signature.
c. If both parties are self-represented, they are not required to meet
prior to scheduling a JCC; but, in the absence of existing
restraining orders, they are encouraged to confer prior to
(Eff. 1/1/02) scheduling the conference.
d. If there are disputes remaining after mediation and the meeting set
forth above, the attorneys and/or self-represented parties shall
contact the court calendar clerk within 30 calendar days of the date
of the mediator’s referral to a JCC in order to schedule a first
available JCC. A copy of the FCS referral to a JCC must be
provided to the calendar clerk in order to schedule the JCC. If no
JCC is timely scheduled a party may schedule a CMC to request a
JCC.
(Eff. 1/1/07)
e. Each party or attorney for a party shall serve and file a Judicial
Custody Conference Statement at least 10 calendar days prior to
the scheduled JCC. (See attached form FM-1016.) Each party or
attorney shall bring 2 copies of this form to the JCC. All parties
and counsel are required to attend the JCC, unless attendance has
(Eff. 1/1/07) been excused in advance by the APJ.
f. Child(ren) shall not be present for the JCC unless the Court or FCS
(Eff. 1/1/07) directs that the child(ren) be available.
g. At the JCC, the judge may assist in resolving any remaining
custody or visitation disputes and take stipulations on the resolved
issues. The judge may also order the staff of FCS to provide
assessments or evaluations. In addition, the Court may order a
private custody evaluation or assessment. If the Court orders an FCS assessment, the first appointment shall be scheduled before the parties and counsel leave the JCC.
h. If an assessment is not warranted and disputed issues remain, the matter will be scheduled for hearing. By stipulation or upon further hearing, the judge may also order that the parties and/or child(ren) participate in counseling, parenting education classes, or any other appropriate services; that attorney(s) be appointed to represent the child(ren); or that the parties and/or child(ren) participate in psychological testing. If an assessment or evaluation is ordered, the Court may make these orders at a hearing prior to the completion of the assessment or evaluation process.
(Eff. 1/1/07)
i. If a party fails to appear at a JCC, the Court may make custody and visitation orders. In addition, on notice to the parties, the Court may order sanctions, including monetary sanctions, for failure to appear at the JCC.
