MODOC COUNTY FAMILY COURT SERVICES Child Custody Recommending Counseling (CCRC) To Schedule CCRC you must; 1. Have an open family law case in Modoc County. 2. Have an order for CCRC issued by Modoc County Superior Court. 3. Read the CCRC Orientation Packet 4. Complete the attached Intake Form and return it to the court within five days of your receipt of this packet. Enclosed is a Child Custody Recommending Counseling (CCRC) packet that explains the CCRC process and contains a CCRC Intake Form. The CCRC Intake Form must be completed thoroughly and returned to the Court, in order to schedule your CCRC session. Failure to complete the intake form and return it to the Court in a timely manner may result in the Court ruling against you. The Child Custody Recommending Counselor will send you a CCRC Appointment Letter when both parties have completed and turned in an intake form. Please ensure that you supply a current mailing address and telephone number on the intake form. Should you have any questions regarding Child Custody Recommending Counseling, please contact the Child Custody Recommending Counselor at (530) 233-4275. 1 American LegalNet, Inc. www.FormsWorkFlow.com Modoc County Family Court Services Child Custody Recommending Counseling (CCRC) Orientation Packet A referral to CCRC is required by law when parents don't agree about child custody and/or visitation matters. This handout helps parents understand the process of CCRC. Please read it carefully. What is CCRC? CCRC is the process of helping parents, (or other parties in dispute) reach an agreement on custody and visitation matters. Typically joint CCRC takes place with both parties together in an ordinary office setting. However, if you are a victim of domestic violence and would not feel safe in joint CCRC, you many request separate mediation. See "Notice of Victims of Domestic Violence (page three). CCRC occurs between the disputing parties and the Child Custody Recommending Counselor. Attorneys do not take part in CCRC. The CCRC process is designed to help parents define issues and focus on what is in the best interests of their children. The Child Custody Recommending Counselor helps parents explore options and make decisions that are based on those best interests. Parents need to recognize that the Child Custody Recommending Counselor is more interested in the welfare of the children than in the discomfort, disappointment, or welfare of the parents. With the help of the Child Custody Recommending Counselor, the parents negotiate an agreement in the children's best interests that both sides find acceptable. If parents are unable to come to a mutually acceptable agreement they will be referred back to the Court. What will the Child Custody Recommending Counselor want to know? The Child Custody Recommending Counselor will want to know the reasons for each parent's preferences for custody and visitation. After areas of agreement and differences are identified, then the process of examining, negotiating and compromising begins. If there are legitimate reasons why one or both parents are unfit to raise or have contact with the children, the Child Custody Recommending Counselor will want to know the details. If the Child Custody Recommending Counselor believes there is a reasonable suspicion of child abuse or neglect, CCRC will be suspended and a referral to Child Protective Services will be made. Generally the Child Custody Recommending Counselor is not interested in reasons for the parents split or the grievances between parents. Child support issues are generally not addressed in CCRC. Letters of reference, police reports, school records, visitation records, medical records, or other important information should be submitted to the Child Custody Recommending Counselor before the CCRC session and a copy provided to the other party. 2 American LegalNet, Inc. www.FormsWorkFlow.com How confidential is CCRC? Ordinarily, CCRC is confidential between the Child Custody Recommending Counselor and the parties involved. However, if CCRC does not result in an agreement and the Child Custody Recommending Counselor makes a recommendation to the Court, information obtained in mediation that is relevant to the recommendation may be related to the Court. Also, the Child Custody Recommending Counselor may inform the Court of allegations or threats of a serious nature and may recommend an investigation. If serious allegations of child abuse or neglect are raised, the Child Custody Recommending Counselor will report the situation to proper authorities. Do children have a say? Because the purpose of CCRC is for parents to reach an agreement, children usually do not take an active role in the process. As part of an assessment to be used in making a recommendation to the Court the Child Custody Recommending Counselor may request to see a child if the parents are unable to agree on custody and visitation arrangements. As of January 1, 2012, children fourteen years of age have the right to address the Court as to their opinion regarding custody and visitation. However, the Court has the discretion to choose not to hear a child if it is deemed contrary to the child's best interest. And, it is important to remember that the child will have a voice, but the Court is not required to adopt the child's preferences, only to consider the child's wishes. It is the parents' joint responsibility to make custody decisions. It is not a good idea for parents to question children about their preferences in custody and visitation matters. Children may volunteer information, but should not be asked to "choose" one parent over the other. The stress of parental separation and custody disagreements is difficult enough for children without the burden of being asked to make adult decisions. Parents, acting in behalf of their chidren, bear the responsibility for custody decisions. What is joint legal custody? Joint legal custody means that parent's rights are held by both parents no matter how the child's time is shared with each parent. These rights include access to medical and educational records. Similarly the parents are jointly liable for the minor's acts and financial support. Legal custody may be removed by a judge when a parent is shown to be, for example, seriously abusive to the child or the other parent. It is possible for a parent to have legal custody of his/her child but not be allowed physical custody or to see the child. What is physical custody?