Mediation petition re existing custody/visitation order (where authorized by presiding judge): mediation set within 60 days of filing
60 days after date the petition for mediation of a dispute about an existing order was filed, under Cal. Fam. Code 3173(b).
Rule text
3173: "(a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both.(b) The mediation of a dispute concerning an existing order shall be set not later than 60 days after the filing of the petition."
Calculate this deadline
- Trigger (Date the petition for mediation of a dispute about an existing order was filed): Friday, November 6, 2026.
- Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Cal. Fam. Code 3173(b)
3173: "(a) Upon an order of the presiding judge of a superior court authorizing the procedure in that court, a petition may be filed pursuant to this chapter for mediation of a dispute relating to an existing order for custody, visitation, or both.(b) The mediation of a dispute concerning an existing order shall be set not later than 60 days after the filing of the petition."Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Applies only in courts whose presiding judge has authorized the 3173 procedure. Court/Family Court Services duty; calendar as the outer date for the mediation appointment.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the petition for mediation of a dispute about an existing order was filed on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.
- Trigger (Date the petition for mediation of a dispute about an existing order was filed): Monday, March 15, 2027.
- Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.
Notes
Applies only in courts whose presiding judge has authorized the 3173 procedure. Court/Family Court Services duty; calendar as the outer date for the mediation appointment.
Related deadlines
- Notice to other parent of planned change of child's residence (move-away), where custody order requires it (45 days before)
- Sanctions for knowingly false child abuse accusation (Fam. Code 3027.1): OSC hearing at least 15 days after service of the OSC (15 days after)
- Child sexual abuse allegation evaluation (Fam. Code 3118): evaluator files and serves confidential report at least 10 days before custody hearing (10 days before)
- ICWA (Indian child custody proceeding in family court): no proceeding until at least 10 days after receipt of notice (10 days after)
- ICWA: earliest hearing if parent, Indian custodian, or tribe requests the additional 20 days to prepare (30 days after)
- UCCJEA expedited enforcement (Fam. Code 3448): hearing on the next judicial day after service of the order (1 court day after)
- UCCJEA warrant to take physical custody (Fam. Code 3451): petition heard on next judicial day after warrant executed (1 court day after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.