Resolving custody disagreements can be a challenge for parents in North Carolina. They may both have the same priorities, which typically include maximizing the amount of time with the children. As such, it may be difficult to reach an amicable agreement regarding the overall allocation of parenting time.
Parents who likely need to share custody frequently attend mediation to resolve disagreements about their custody arrangements. In some cases, mediation may be legally mandatory before the parents can proceed with custody litigation.
While mediation is effective for many families facing custody disputes, it may not be appropriate for every situation. Parents can sometimes request mediation waivers while trying to resolve a custody dispute.
When custody mediation may not be appropriate
The goal of custody mediation is to limit conflict between parents and the secondhand harm their disputes can cause their children. Mediation can help parents work together and arrive at uncontested terms for sharing custody.
There are certain scenarios in which mediation may be not just ineffective but also potentially harmful. If there is a history of domestic violence or emotional abuse between the spouses, mediation may not be productive.
Additionally, when there are concerns about child abuse or neglect, it may not be possible for parents to adequately address these issues in a mediation session. The courts may also approve a mediation waiver in cases where urgent emergency relief is necessary for the protection of the children. Finally, waivers can help parents bypass mediation when there are major logistical hurdles, such as military service, living 50 miles or more apart or traveling for work, preventing them from attending mediation.
Those with documentation of challenging family circumstances can potentially request a mediation waiver when addressing a custody dispute. They can bypass the mandatory mediation process and proceed with litigation instead.
Filing a Motion and Order to Waive Custody Mediation with the Clerk of Superior Court is the first step. The petitioning parent must explain why mediation isn’t appropriate for the family. A judge reviews the petition and any supporting evidence, such as police reports and other documentation, to determine if there is good cause for the waiver request. The courts can provide alternatives after granting a waiver, such as scheduling an expedited hearing or scheduling the case with a focus on safety.
Those facing contentious custody disagreements may need to support understanding their rights and following the necessary steps to secure a mediation waiver. Working with a child custody attorney can help North Carolina parents understand and assert their rights under the law.