Is A Mediated Custody Agreement A Court Order?

Determining custody arrangements in divorce mediation or collaborative law divorce is similar to the process used in mutual consent or even litigated divorces. Two parents must come to an agreement about a custody schedule and related issues such as family, school, holiday or extracurricular events. Once a schedule is agreed upon, a document called a Custody Stipulation must be drawn up, signed by both parties and filed with the court. Whether you arrive at this agreement via mediation or litigation, the resulting document is the same. Once the judge signs an Order for the Stipulation, it becomes enforceable by the court.

Occasionally, divorced co-parents are amicable enough to operate on a verbal understanding, but the court cannot enforce such arrangements. Also, schools typically ask for a copy of the Custody Stipulation and Order when you register your child or if custody issues arise around school. A written agreement is necessary in these instances.

Litigated custody begins with a conference before a custody officer of the court, then, if agreement is not reached, proceeds to a custody hearing in front of a judge who makes the final determination. A newly-available, interim step in Pennsylvania might be the court-appointment or parental choice of a paid parent coordinator to intervene in smaller custody issues such as timing of pickups and drop-offs.

In mediation and collaborative law, the parties negotiate details of their custody arrangement in private. There is more flexibility in tailoring agreements to individual needs this way since a strict observance of state law is not required, as long as both parties agree.

If disputes arise, the parties can always return to the mediation table to work things out. Mediation and collaborative law should, in theory, also have the better outcome of a lasting, successful custody arrangement, as parents must talk through different views and expectations up front. This is ideal for parents who, though divorcing, still feel they know what is best for their children.

Clients often ask whether a mediated or collaboratively designed Custody Stipulation is the same as a Court Order. If the Stipulation is filed in Court and an Order subsequently signed by a judge, then it would be enforced the same as if the Officer or Judge decided.

I can discuss the custody process with you. Contact my office at 215-345-5259 for a free first consult and I’ll help you discover the tools you can use to protect your children post-divorce.