How to Complain About a Child Custody Mediator or Judge
Child custody disputes in divorce cases are routinely referred by the judge to a mediator who holds a license in clinical social work or marriage, family and child counseling. The mediator is usually a court employee whose role is to assist the parents in making a mutually agreeable child custody plan. An important part of this process is the conduct of the mediator and judge. If you believe your case has suffered from unprofessional conduct by either the mediator or judge, there are agencies that will investigate your complaint.
Other People Are Reading
Instructions
-
-
1
Contact the director of the family court service that oversees the hiring of child custody mediators and ask about the procedure for filing a complaint against the mediator. Follow the procedures given to you.
-
2
Report your complaint to the judge assigned to your case at your next court hearing if you are not satisfied with the handling of your complaint against the mediator. This would be an opportunity for you to request that another mediator be assigned to your case.
-
-
3
Report your complaint about the mediator to the state licensing board that hears complaints about licensed professionals. In California, for example, this could be the Board of Behavioral Sciences or California Board of Psychology depending on the license held by your mediator.
-
4
Report your complaint about the judge hearing your case to the state agency responsible for investigating complaints of judicial misconduct. Each state has a judicial council responsible for policymaking and overseeing judicial performance that can provide you with the appropriate complaint procedure in your state.
-
5
File an appeal of the child custody order made by the judge if the conduct of the mediator or judge was detrimental to your case. In your grounds for appeal, inform the appellate court of the misconduct you believe occurred and how it harmed you in the outcome of the case.
-
1
Tips & Warnings
You can facilitate filing a complaint by keeping a diary of events in your divorce proceedings. Don't wait until something goes wrong to start recording your experiences as you may not remember crucial details.
Request that the judge remove himself from your case if you think his misconduct is indicative of a bias or prejudice against you.
Remember that judges are people too and filing a complaint against the judge while your case is still pending before the judge carries a risk that the judge may become less receptive to your legal position. You should consider waiting until the case is over before filing a complaint against the judge.
