Understanding how mediation can be helpful when determining parenting time in Arizona gives parents going through separation or divorce another way to work through disagreements and create a schedule that makes sense for their family.
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For over two decades, Ellsworth Family Law, P.C., has built its practice around a boutique structure that allows us to focus on our clients. Steve Ellsworth and Glenn Halterman are both Certified Family Law Specialists, adding a high level of focused family law knowledge to the firm.
Creating a Parenting Plan Through Mediation
In 2023, Arizona’s divorce rate was two per 1,000 population, requiring parenting plans in many cases. Under A.R.S. § 25-403.02, a parenting plan must address practical issues such as the parenting-time schedule, holidays and school vacations, transportation and exchanges, communication between parents, and procedures for resolving future disputes.
Mediation gives parents a chance to sit down and talk through those details in a structured setting. The conversation can cover things like:
- Weekday and weekend schedules
- School breaks and holidays
- Birthdays and vacations
- Transportation and exchanges
- Communication between parents
- How future scheduling disagreements are handled
A mediator isn’t there to decide which parent is right or dictate a schedule. Instead, the mediator helps keep the conversation moving and gives both parents an opportunity to explain what they’re looking for. An experienced Arizona mediation attorney can help parents understand the legal considerations involved while also preparing for the practical issues that are likely to come up during mediation.
Keeping the Child’s Best Interests in Focus
Under A.R.S. § 25-403, Arizona courts determine parenting time according to the best interests of the child. That can sometimes get lost when parents are frustrated with one another. Mediation offers an opportunity to shift the conversation away from old arguments and toward what the child actually needs. That could mean talking about:
- The child’s daily routine
- School and extracurricular activities
- The child’s relationship with each parent
- Each parent’s ability to provide care
- Travel between the parents’ homes
- Stability and consistency for the child
Mediation can also encourage parents to think beyond their immediate disagreement. Understanding Arizona’s mediation laws can help parents recognize which issues can be addressed through negotiation and which might require court involvement.
When Mediation Isn’t the Right Fit
Mediation can give parents more control over parenting-time decisions, but it isn’t appropriate in every situation. The process depends on the relationship between the parents, the nature of the disagreement, and whether both people can participate safely and voluntarily. Certain situations call for a different approach, including:
- A history of domestic violence or abuse can make it unsafe for one parent to openly negotiate with the other.
- When there’s a serious concern about a child’s immediate well-being, waiting for mediation might not be appropriate.
- Due to power imbalances, one parent could feel pressured to accept terms because they don’t feel comfortable disagreeing.
- Some circumstances require a judge to address an issue rather than leaving it to a future mediation session.
Deciding whether mediation makes sense requires looking at the individual mediation case. Understanding the applicable mediation laws, along with the available court procedures and legal protections, can help parents choose an approach that fits their circumstances.
Preparing for Parenting-Time Mediation
A little preparation can go a long way when you’re heading into mediation. You don’t need to have every detail figured out before you sit down with the other parent, but you should have a realistic picture of your child’s routine and a clear understanding of the issues you want to address. Before mediation begins, it helps to think through several practical details, like:
- Review any current parenting-time or custody orders so you know what’s already in place.
- Gather school calendars, extracurricular schedules, and other commitments that could affect parenting time.
- Consider when each parent is actually available to care for the child.
- Think about where exchanges might take place and how the child might travel between households.
- Consider upcoming holidays, school breaks, birthdays, and vacation periods that need to be addressed.
- Separate the terms you feel strongly about from preferences where you might have room to compromise.
The goal is to work toward an arrangement that your family can realistically follow. An Arizona mediation attorney can help you prepare for those discussions, explain your legal options, and identify potential problems before you agree to proposed terms in your mediation case.
FAQs
Can a Child Participate in a Parenting-Time Mediation?
No, generally a child can’t participate in a parenting-time mediation as they’re not treated as another negotiating party in a parent’s mediation. Whether a child’s input is considered depends on the circumstances, the child’s age and maturity, and applicable court procedures. Parents shouldn’t put children in the middle or ask them to choose between parents.
Does Mediation Create a Legally Binding Parenting Agreement?
No, mediation doesn’t create a legally binding parenting agreement. In order to be legally binding, an agreement formed during mediation needs to be documented and processed through the appropriate legal and court procedures. Until that happens, parents should understand which existing orders remain in effect and shouldn’t assume that an informal agreement has the same legal force as a court order.
Can Parents Mediate Parenting Time Before Filing for Divorce?
Yes, parents can mediate parenting time before filing for divorce, as parents don’t necessarily have to wait until a divorce case has been filed to discuss parenting arrangements through mediation. However, an agreement reached before a formal case might not have the same enforceability as a court order. Parents should understand what steps are needed to make their agreement legally effective.
What Happens if One Parent Refuses to Follow the Mediated Agreement?
If one parent refuses to follow the mediated agreement, the options available depend on whether the mediated agreement became part of an enforceable court order. If it did, there could be legal remedies available to hold the parent who doesn’t comply accountable. Keeping records of missed exchanges, communications, and other problems can be helpful when determining what steps to take to address continued noncompliance.
Hire a Mediation Lawyer: Local Counsel Makes a Difference
When you need to hire a skilled divorce mediation lawyer, you want counsel who understands Arizona family law matters. At Ellsworth Family Law, P.C., we understand that mediation is about creating a parenting arrangement that works in real life while complying with Arizona law.
Contact us today to schedule a consultation.
