How does court-ordered mediation work in a custody case, and when is it required? – North Carolina

Short Answer

In North Carolina, when a custody or visitation case has a contested issue, the District Court typically sends the parents to the court’s Custody and Visitation Mediation Program before the case is set for a final hearing. Mediation is not a trial and the mediator does not decide custody; the goal is to help the parents reach a written parenting agreement. The court can waive mediation for “good cause,” including certain safety or hardship concerns.

Understanding the Problem

In a North Carolina custody case, the key question is when the District Court requires parents to attend court-ordered mediation to try to resolve custody and visitation issues before a judge holds a final hearing. This comes up most often when parents have been following a parenting plan that was filed by agreement outside of court, but the plan is not a custody court order, and a disagreement later develops about the schedule, decision-making, or exchanges.

Apply the Law

North Carolina uses a statewide Custody and Visitation Mediation Program. When a custody or visitation action has unresolved (contested) issues, the court generally must set the case for mediation in districts where the program is established, unless the court waives mediation for good cause. Mediation is designed to be a structured, confidential process that helps parents try to reach a workable custody/visitation agreement that can be turned into a court order.

Key Requirements

A pending custody/visitation action with a contested issue: The mediation requirement is triggered when the pleadings (or the situation in the case) show an unresolved dispute about custody or visitation.
Referral through the District Court program: In most custody cases, the forum is North Carolina District Court, and the local custody mediation office schedules orientation and mediation sessions under the statewide program.
No waiver for good cause: The court can waive mediation, but a party generally must raise and support a reason that qualifies as “good cause” under North Carolina law.

What the Statutes Say

N.C. Gen. Stat. § 50-13.1 (Custody actions; mediation requirement; waiver; confidentiality) – Requires mediation of contested custody/visitation issues in districts with the program, allows waiver for good cause, and makes mediation communications confidential.
N.C. Gen. Stat. § 7A-494 (Custody and Visitation Mediation Program) – Establishes the statewide program through the Administrative Office of the Courts and sets mediator qualification requirements.

Analysis

Apply the Rule to the Facts: The facts describe parents who share a young child and previously signed a parenting plan that was filed outside of court but is not a custody court order. If a parent files a North Carolina custody action (or a motion in an existing custody case) and the other parent contests custody or visitation issues, the District Court will usually refer the case to the custody mediation program before scheduling a final custody hearing. If the parents reach a written agreement in mediation and the court adopts it, that agreement can become an enforceable custody order.

For example, if one parent files for a custody order because the informal plan is not being followed and the other parent disagrees about the weekly schedule, that is a contested custody/visitation issue that is commonly sent to mediation. If there are credible allegations that make mediation unsafe or unfair (such as domestic violence or serious substance abuse concerns), the court can consider waiving mediation for good cause.

Process & Timing

Who files: A parent (or another person permitted by law) starts the custody case. Where: North Carolina District Court (typically in the county where the case is properly filed under North Carolina rules). What: A custody complaint (or a motion if there is already an open custody case). When: After filing, if custody/visitation is contested, the court generally refers the case to custody mediation before the final hearing is set.
Orientation and intake: The local custody mediation office typically schedules an orientation/intake step to explain the process and gather basic information. Missing required sessions can create court problems, including possible sanctions in some situations.
Mediation sessions and outcome: The mediator meets with the parents (sometimes together and sometimes separately) to work through custody and visitation issues. If an agreement is reached, it is put in writing and submitted to the court; if not, the mediator reports an impasse so the case can move toward a court hearing.

Exceptions & Pitfalls

Good-cause waiver issues: North Carolina law allows the court to waive custody mediation for good cause, which can include allegations of domestic violence, child abuse/neglect, serious substance abuse, severe mental health concerns, undue hardship, or significant distance from the court. A waiver is not automatic; it usually requires a motion and supporting facts. See N.C. Gen. Stat. § 50-13.1(c).
Confusing mediation with a court order: A parenting plan or mediated agreement is not automatically enforceable like a custody order unless it is incorporated into a court order. Under North Carolina law, a mediated agreement that the court incorporates becomes enforceable as a court order. See N.C. Gen. Stat. § 50-13.1(g).
Assuming mediation is “on the record”: Custody mediation is designed to be confidential, and communications made in the mediation process are generally not admissible in court (with limited exceptions such as communications made in furtherance of a crime or fraud and mandatory reporting duties). See N.C. Gen. Stat. § 50-13.1(e)-(f).
Trying to use custody mediation to decide support: The custody mediation program focuses on custody and visitation. North Carolina law does not allow the court to refer child support, alimony, or other economic issues to custody mediation under the custody mediation statute. See N.C. Gen. Stat. § 50-13.1(b).

For more context on moving from an informal plan to a court process, see revise a parenting plan that was filed by agreement but is not a court custody order.

Conclusion

In North Carolina, when a custody or visitation case has contested issues, the District Court generally requires court-ordered custody mediation before setting a final hearing, unless the judge waives mediation for good cause. Mediation is confidential and is meant to help parents reach a written parenting agreement that can be incorporated into a custody order. The next step is to file the custody action in District Court and be prepared to attend the court’s mediation orientation and sessions unless a waiver is granted.

Talk to a Family Law Attorney

If a custody dispute has started and court-ordered mediation is likely (or a waiver may be needed), our firm has experienced attorneys who can help explain the process, prepare for mediation, and keep the case moving on the right timeline. Call us today at [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.