Mediation is referred for civil custody/visitation/support cases when the following criteria is met:
- A mediation orientation has not been conducted within the last 18 months
- All custodial parents are known (if a mother or father of a child is unknown and requires an Order of Publication, mediation will not be scheduled)
- All parties are located in Virginia
- Child Support is not a Division of Child Support Enforcement Case
- Paternity of the child is not in question
- Support is not Spousal support only
When you are referred to mediation, you will receive a Mediation Order attached to your summons to Court stating the date and time of your mediation orientation. Please review the following general copy of the Mediation Order for your reference:
- Mediation Orientation Date:___/____/____ at _______a.m./p.m.
This order is binding upon you. You should read and understand this entire order. Failure to follow the terms of this order may result in your being found in contempt of Court or your petition/motion being dismissed. All parties are ordered as follows:
- You are required to appear for Mediation Orientation at the York/Poquoson Courthouse. An Orientation Session regarding custody/visitation will be presented by the Mediator, Limitless Possibilities Mediation Services, LLC. P.O. Box 15897, Newport News, VA 23608. Phone:757-525-2118 or 757-528-2118. Mediation conducted in the Juvenile Court Conference rooms on 2nd and 4th Mondays.
- Failure to appear at the date/time/place indicated may jeopardize your position and may result in a ruling against you to include contempt of Court.
- Do not bring your child/children to this proceeding. If you bring your child/children to this proceeding, your case will be continued over to another date. No exceptions
- Please bring photo ID
- If you are ordered to Mediation with regards to a child support matter, you are required to bring all information specified in the attached support attachment
Notice of Information Required in Child/Spousal Support Proceedings
Failure to do so may result in your case being continued. If you do not successfully mediate, your case will be referred to court. If you are referred to court, you will be required to sign up with the Division of Child Support Enforcement.
- All parties may be required to attend and complete a parent education class that meets the requirement of Virginia Code Section 20-103, as amended. The parent education class is four hours long and is designed to heighten your awareness of the difficulties children face when parents live in two separate households and your obligations as parents to minimize and help your children with these difficulties. Failure to complete this class by the time specified by the mediator may result in a ruling against you to include contempt of court.
- Failure to return the mediation agreement in a timely matter will result in your matter being referred for a trial date. Once this trial date is set, you cannot return the agreement to the court for entry. You may present this agreement on the trial date to the Judge and he/she may decide to enter the agreement as an order.
- Failure to appear for Mediation Orientation and failure to appear on a trial date may result in your matter being dismissed from the docket.
- Any and all existing orders concerning custody, visitation, and child support remain in effect until a court order is in place. Therefore, all parties must abide by the terms of any existing orders.
- If the parties involved reconcile or decide to withdraw or dismiss the motions or petitions set for Mediation Orientation, you are required to complete a Motion to Withdraw. You will need to notify the court that you no longer wish to proceed with your motion or petition and complete the Motion to Withdraw in the York/Poquoson Juvenile and Domestic Relations Court Clerk's Office. You are required to do this at least 10 days prior to the Mediation Orientation and are required to notify all parties involved that you have filed a Motion to Withdraw, to dismiss the case. Once you withdraw or dismiss your motions or petitions, you will not be allowed to file any motions or petitions involving those issues for six months without prior Court approval.
- Once a Court Order is in place from your Mediation Agreement, you will not be allowed to file any motions to amend that Court Order for six months without prior Court approval.