How Do I Prepare for a Custody Mediation, Conference, and RFO Hearing in California?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
This is about custody. I started the process after I called CWS on my ex. She filed a DVRO after we had been split up for four years, and it was dismissed. I then filed for parentage and an ex parte request, which was denied, and denied again later that month — yet her request was approved using the same claims that got her DVRO dismissed. The same judge believed her this time, and I don't know what to do next. I have mediation coming up, then a conference, then an RFO hearing. She has denied me access to the kids since I called CWS on her, and she filed the next day for a DVRO and custody. Her DVRO was denied; only a temporary order issued, with no restrictions besides no gun and no harassment, yet she kept the kids away. She later obtained an ex parte order barring removal of the child from school.
Attorney Answer
I know this has been an exhausting stretch, and having mediation, a conference, and an RFO hearing all coming up in June means the next few weeks matter a lot. Here is how to use that time well under California family law.
Custody decisions are based on the child's best interest. California courts weigh factors like each parent's ability to care for the child, any history of abuse, and the stability of each home (Family Code section 3011). A pattern of denied requests does not permanently decide the case. Every hearing is a new chance to present your evidence clearly.
Mediation comes first for a reason. California requires mediation through Family Court Services before a judge decides a contested custody or visitation dispute (Family Code section 3170). This is your opportunity to explain your concerns directly and propose a specific parenting plan, not just react to what has already happened. Go in with a written proposal for the schedule you want.
Organize your evidence now, before mediation. Pull together, in order by date:
1. Your CWS report number and what came of it. 2. Copies of every court order issued so far, including the temporary order and its exact terms. 3. Any documentation supporting the therapy request for your child, including provider contact information if you have it. 4. A short written timeline of key events, in plain language, without editorializing.
Be specific about what you are asking for. Judges respond better to a concrete request, such as specific weekday evenings plus alternating weekends, than to general complaints about the other parent.
Get a lawyer if you possibly can. High-conflict custody cases with repeated denied requests are exactly the situations where a family law attorney makes the biggest difference, both in how your evidence is presented and in making sure procedural mistakes do not cost you. Ask the family law facilitator at your courthouse about free or low-cost help if hiring an attorney is not possible.
This is general legal information, not legal advice. A local California family law attorney can review your case file and orders and help you prepare specifically for your June mediation, conference, and RFO hearing.
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Frequently Asked Questions
What is the difference between mediation, a conference, and an RFO hearing?
Mediation is a confidential meeting with a Family Court Services counselor to try to reach an agreement. A conference is often a shorter check-in with the court on case status. An RFO, or Request for Order, hearing is where a judge actually decides contested issues if mediation does not resolve them.
Can I still change the outcome if my past requests were denied?
Yes. Custody orders in California can be modified as circumstances change or as more evidence becomes available. A denial on one request does not prevent you from presenting a stronger case at your next hearing.
Does a CWS report automatically affect custody?
Not automatically. The court can consider a CWS investigation and its outcome as part of the overall evidence about the child's welfare, but it is one factor among several a judge weighs under the best interest standard.
