What is a Family Law Facilitator?
The family law facilitator at the Santa Barbara Superior Court in Santa Barbara is a resource for individuals with family law matters. The family law facilitators are trained professionals who assist self-represented litigants. The family law facilitator in Santa Barbara provides free services to persons with family law cases. The following is a partial list of the family law facilitator’s duties:
-While parties with contested family law matters formation may meet with a family law facilitator upon request for purposes of selection of a private mediator, at which time parties will be referred to the court’s "panel" of private mediators, meeting with a family law facilitator is not mandatory in contested matters.
-A family law facilitator in an uncontested matter will provide parties with form pleadings and instructions on how to complete the pleadings. A family law facilitator appointment in an uncontested matter is required.
-Often times , despite the fact that a family law facilitator is handling an uncontested matter, the family law facilitator will be "out-of-office" on the day the appointment is scheduled.
-If a party’s appointment has been canceled, a renewal of the appointment may be necessary. Furthermore, in some cases, review of your original appointment date may be required to ensure that an appointment has not been scheduled.
-Due to the limited resources of the facilitator’s program, family law facilitators do not advise parties with respect to the issues in their case or make evaluations, recommendations or determinations with respect to any contested issues of custody and visitation in the absence of a private agreement made by the parties.
Why You Should Have a Family Law Facilitator
Family law facilitators play a crucial role in ensuring more litigants have access to the legal system than might otherwise be the case. The simple economic reality is that divorce and paternity cases are often beyond the reach of most people in terms of the cost of the legal services necessary to represent them. The family law facilitator process has been implemented to provide assistance with the legal process in certain circumstances. Parties representing themselves, with or without the assistance of facilitators, must observe the rules and procedures of the court as someone represented by counsel would. Family law facilitators can be particularly helpful in preparing individuals for mediation or child custody recommending counseling. They can assist in the collection and organization of information so that these processes can be conducted effectively. Family law facilitators may also be called upon to assist in negotiating agreements in a way that helps parties understand the impact of the provisions they consider. Separating from a spouse or other parent can be an emotional, costly, and time-consuming experience. You may not feel you can commit the time and energy to tackle your family law matter on your own. That is okay. Santa Barbara County allows for facilitated self-help family law services designed to provide you the guidance you need to complete the process yourself and save you the costs of hiring a private attorney.
How to Get Help from a Family Law Facilitator in Santa Barbara
Family law facilitators in Santa Barbara County are available in each family law court location to assist self-represented litigants free of charge. Santa Barbara County has two family law court locations: Santa Barbara Superior Court and the Santa Maria Outlying Courthouse.
The family law facilitator provides free assistance with the completion of forms required for a dissolution of marriage or domestic partnership, legal separation, or other family law matter. Spouses and domestic partners are no longer required to be in agreement on their positions to receive this assistance, although self-represented litigants having contested matters may not receive same day assistance. An appointment is recommended for assistance with complex family law issues.
Family law facilitators also provide free assistance to complete and file an answer to a complaint to establish parentage, paternity, or parentage/child support. Parentage cases are complex and require equal participation of both parties. An appointment is required to ensure that both Parties will be present.
Self-represented litigants appearing before the Santa Barbara County Superior Court’s Self-Help Family Law Facilitators must qualify for services either by meeting income guidelines or by demonstrating that they are unable to hire an attorney.
In order to obtain assistance from a family law facilitator at either the Santa Barbara Superior Court or the Santa Maria Outlying Courthouse, the self-represented litigant must:
- (1) Be the person who will appear before the judge for the motion or hearing;
- (2) Already have all of the necessary documents in a completed form and be ready to file them that day;
- (3) Have at least a basic understanding of the proceedings and issues;
- (4) Be willing to follow the guidelines of the court and the family law facilitator, including:
(i) Being polite to all court staff and other court customers,
(ii) Waiting patiently for their turn to be called,
(iii) Not interrupting the family law facilitator while he or she is speaking with someone else, and
(iv) Refraining from using profanity.
Self-represented litigants are required to complete Family Law Facilitator/Clinic Client Survey Form at the start of each session prior to receiving any assistance.
The Santa Barbara County Superior Court’s self-help family law facilitator program is available Monday through Friday from 8:30 a.m. to noon, and from 1 to 4 p.m. Self-represented litigants seeking to have their cases taken up in the morning should arrive at the courthouse by 8:30 a.m. to allow enough time to register and speak to a family law facilitator prior to the noon closing time. Litigants may take a number and wait in the lobby until their number is called, or get in line for assistance.
Self-represented litigants seeking to have their cases taken up in the afternoon should arrive at the courthouse by 1 p.m. to allow enough time to register and speak to a family law facilitator prior to the 4 p.m. closing time.
Appointments for assistance are strongly recommended, although walk-ins may be accepted if resources permit. Self-represented litigants meeting the above stated guidelines may schedule an appointment at the self-help program window located at the clerk’s office at the Santa Barbara Superior Court Family Law Courthouse or the Santa Maria Outlying Courthouse.
Telephone appointments for the Santa Barbara Superior Courthouse are strongly discouraged due to excessive no-shows. Failure to appear for three appointments, if granted, will result in the person so failing as losing entitlement to future telephonic appointments.
Spanish-speaking litigants may attend the Spanish-language clinics offered at the Santa Barbara Superior Court’s Santa Barbara courthouse. Spanish-speaking and other non-English speaking litigants may seek assistance through the Court Interpreters services located in the Clerk’s Office of the respective courthouse.
What a Family Law Facilitator in Santa Barbara Can Do for You
Santa Barbara Family Law Facilitators offer a range of services designed to assist parties in navigating family law matters. Some of the key offerings include form preparation, legal procedure guidance, and workshops.
Form preparation is one of the primary services that Family Law Facilitators provide. They can assist with the completion of various court forms that are required in family law cases. For example, they can help prepare income and expense declarations, declarations of disclosure, requests for orders, responses to requests for orders, and other necessary court documents. This service can alleviate the frustration that many people feel when faced with the paperwork involved in family law proceedings.
In addition to form preparation, Family Law Facilitators provide guidance on legal procedures. They can explain legal terms, describe the steps in a court process, and advise on issues such as child support, spousal support, and property division . While they cannot represent parties or give specific legal advice, their guidance can help parties understand the legal implications of their situation and prepare them for court hearings.
Family Law Facilitators also offer workshops on a variety of topics. These workshops can cover subjects such as child custody and visitation, spousal support, child support, and the divorce process. Workshops are typically informal and do not provide individualized legal advice, but they can be a valuable resource for individuals who want to learn more about these topics in a group setting.
The services offered by Santa Barbara Family Law Facilitators can help relieve some of the common legal challenges that parties face in family law matters. By assisting with form preparation, providing legal procedure guidance, and offering workshops, Family Law Facilitators make it easier for individuals to navigate the complex and often confusing family law system.
FAQ’s About Family Law Facilitators
What’s the difference between a family law facilitator and a lawyer?
The family law facilitator or "facilitator" is a part-time employee of the court. The family law facilitator is not an attorney for either party in a family law case. The facilitator can provide information and make referrals to other sources of information. The facilitator cannot give out information about a case to either party. The facilitator cannot give out the other party’s address or phone number. The facilitator cannot represent you or your spouse in court or in negotiating settlements. If you and your spouse each want legal advice, you should retain private counsel.
How does the family law facilitator fit into a family law case?
The family law facilitator’s role is to assist the court by helping parties completing forms. The facilitator is not a "parent" for the court. The facilitator cannot accede to a party’s request to handle a case on behalf of the court.
Should parties expect that the family law facilitator can accomplish the same things that an attorney can accomplish for their client? No, the family law facilitator’s role is limited compared to that of a private attorney. The facilitator cannot give legal advice or make legal decisions. Depending on the circumstances, the family law facilitator might not be able to provide much assistance on a hearing date. For example, in some family law cases the facilitator is not permitted to meet with parties to assist them because some judges have a policy of not allowing the Family Law Facilitator to work on a case where there are issues concerning domestic violence, child abuse or child abduction.
If the facilitator cannot help, will the facilitator make a referral to someone who can help?
Family law facilitators are prohibited from giving legal advice, but they may assist in understanding information. The facilitator cannot give customers free consultations with attorneys. However, the court facilitator may make referrals for private finances. Also, depending on the family law facilitator which serves the county, the family law facilitator may have limited legal services available to low-income clients.
Why must parties in a family law case pay for the facilitator’s service? Most family law facilitators’ offices are self-funded and their main source of revenue is the service fees charged to litigants who use the family law facilitator’s office to help them with their family law actions. Family law facilitators’ offices use this funding to pay staff salaries, supplies, and for some facilities. A per-call fee is generally charged for the following direct services: (1) appointment with a paralegal for case screening and assistance with paperwork; (2) one-half hour appointment with the facilitator for case screening and referral; and (3) one-hour appointment with the clerk for case screening and referral.
How does a party access the services of the family law facilitator? A party can access services by appearing in person, calling the office, or writing to the office. Family law facilitator services may be requested in any case that includes issues of child custody, child support or spousal support.
Why You Want a Family Law Facilitator
There are numerous significant advantages to utilizing the services of a family law facilitator. First and foremost among these is the cost. Since there is no financial threshold for a facilitators office, any Santa Barbara County resident can access the services of a family law facilitator at no cost to them. This is not the case for private mediators. A private mediation session with a certified family law specialist in Santa Barbara will likely cost the parties anywhere from $450 to $600 per hour, which can add up quickly depending on the complexity of the issues to be resolved. Additionally, while a family law specialist is not obligated to agree to mediate a case involving domestic violence or spousal abuse , a family law facilitator is. A certified family law specialist cannot represent either party in the case including the party who had requested them – this is simply a matter of ethics and professional responsibility. A family law facilitator can help both parties of the couple work together to resolve the issues at hand as well as give them outside guidance as needed. The mediator also cannot be in the same room at the same time with a party they represent and any communications the mediator has with either party may be turned over to the court in discovery.
Another advantage to a family law facilitator is that they will take the time to explain to you the law and your legal rights. They will sit down with you and talk to you about what the judge will likely do and how long it may take for your order to go into effect. The family law facilitator is not there as a legal consultant or to provide legal representation to either party but to bring both parties together to come up with an agreement they both are happy with. The best for everyone is a win-win situation. With a private mediator, that is less likely to happen since the mediator will only be working with one party. In the hands of a family law facilitator, the case will move forward effectively and efficiently. Once you and your spouse have reached an agreement with the help of the family law facilitator, they will draft the settlement agreement for you and help you along with the filing process. Mediators are not allowed to file anything for you.