[Direct answer]The right to child custody can be mediated. According to Article 1079 of the Civil Code (effective on January 1, 2021), the people's court shall conduct mediation in divorce cases. The party who will raise the child, the amount of child support, and the visitation arrangements can all be determined through mediation. The mediation agreement and the judgment have the same legal effect. For children under the age of two, the principle is that they should be raised directly by their mothers. For children over the age of eight, their true wishes should be respected (Article 1084). If you want to seek custody rights or clarify visitation arrangements, you can bring evidence for consultationDivorce litigation and legal services for family disputesThe team, or throughBeijing Henglu Law FirmMake an appointment for an interview evaluation.

I. Problem background and typical scenarios

Mediation runs through the entire process of divorce litigation and is also the court's preferred method of resolving custody disputes. Typical scenarios include: the first time suing for divorce, when both parties want to settle the matter as soon as possible and are unwilling to engage in intense confrontation in court; when there are not major property disputes, but both parties are struggling over who the child will live with, hoping to reach a consensus through flexible arrangements such as visitation rights and alimony; when one party is concerned about the unpredictability of the judgment and hopes to include details such as the frequency of picking up the child and arrangements for summer and winter holidays into the legal document; and when the other party refuses to cooperate with visitation or pay alimony after the legal document takes effect, requiring renegotiation and adjustment of the plan. Proper mediation can resolve custody, visitation, and alimony issues in one go, significantly reducing subsequent litigation.

II. Key points of contention

  • The boundary between mediation and judgment: Mediation is based on voluntary and legal principles. The custody arrangements must not violate the principle of the best interests of the minor children. If the proposed solutions are obviously unfair or substantially harm the children's rights and interests, the court will not approve them.
  • The enforceability of the terms: if the standard of alimony, the time and method of payment, and the specific frequency of visits and overnight arrangements are vaguely defined in the agreement, disputes are likely to arise afterwards. These issues can be addressed through negotiation.Creditor-debtor relations and enforcement case servicesEvaluate the path to implement the guarantee measures.
  • The entanglement of child custody and property: If one party demands a high compensation by using child custody as a bargaining chip, it is necessary to verify whether there is any factual or legal basis for their claims item by item, so as to avoid being forced to accept unreasonable conditions.

III. Professional analysis by Henglue Law Firm

Take a typical case handled by Henglu Law Firm as an example. Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter together. However, due to frequent conflicts and marital disharmony after marriage, they began living separately on August 11, 2024. On September 18, 2025, Ms. Li filed for divorce, demanding that their daughter be raised by her, that Mr. Liu pay 20,000 yuan per month in alimony from the date of separation until the child becomes independent, that the Mercedes-Benz car be owned by her, and that Mr. Liu repay 2.67 million yuan in stock trading funds and pay 100,000 yuan in divorce economic compensation. At the trial, she also added a claim for repayment of a 1 million yuan loan. This was the first time Ms. Li filed for divorce, and the pre-litigation mediation failed due to the parties' irreconcilable positions. Mr. Liu entrusted Attorney Liu Xiangying of Beijing Henglu Law Firm to represent him. After a comprehensive review, the attorney found that the high-value claims lacked factual and legal support. Given that this was the first litigation and the parties hoped to resolve the case quickly, a "mediation-first, litigation-second" strategy was adopted: Legitimate and reasonable mediation proposals were put forward regarding custody rights, visitation rights, and property division. Communication continued from 2:30 PM to 7 PM on the day of the trial, with flexibility shown on visitation rights and pressure resisted against unreasonable property division demands. Ultimately, the parties reached a mediation agreement, and the court issued a Civil Mediation Agreement: The marriage was dissolved; the daughter would be raised directly by Ms. Li, with Mr. Liu paying 20,000 yuan per month in alimony; Mr. Liu obtained clear and specific monthly overnight visitation rights; the vehicles would remain owned by each party, with no compensation required; Ms. Li would repay 500,000 yuan to Mr. Liu by December 26, 2025; and all property and debts under each party's name would remain their own. This outcome represented a fundamental reversal of Ms. Li's initial demands.

IV. Practical Suggestions and Legal Basis

At the legal basis level: Article 1079 of the Civil Code clearly stipulates that mediation is an essential procedure for the court to handle divorce cases; Article 1084 establishes the principle of "the best interests of minor children", stipulating that children under two years old shall be directly raised by their mothers, and children over eight years old shall be respected for their true wishes; Article 1085 stipulates that alimony can be determined according to the actual needs of the children, the parents' ability to bear and the local living standards; Article 1086 guarantees the visiting rights of the non-custodial parent and the other party's obligation to assist. Article 49 of the "Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China" (effective from January 1, 2021) stipulates that for those with fixed income, alimony can generally be paid at a rate of 20% to 30% of their total monthly income. Article 9 of the "Civil Procedure Law" (amended and implemented on January 1, 2024) establishes the principle of voluntary and legal mediation. At the practical advice level: Before mediation, sort out the evidence of custody and the list of property, clarify the bottom line and room for negotiation; specify the start and end time of alimony, the number of visits, and the liability for breach of contract in the mediation proposal; if the parties do not accept the mediation proposal, the case can be transferred to the judgment procedure, and the court shall adjudicate in accordance with the principle of protecting the children's rights and interests.

5. Henglu Law Firm's Reminder

The key to custody mediation is that the "plan is enforceable and the terms are comprehensive". The mediation agreement has the same legal effect as a judgment, and before signing it, it is necessary to check the amount and start and end time of the alimony, the number of visitation times, the child's identity information, and the property terms word by word; for those who use the child as a bargaining chip, it is necessary to require the other party to provide evidence, and high-value claims without basis can be rejected according to law. Concessions made during mediation do not mean admitting defeat. Trading visitation details and enforcement guarantees for custody and reasonable alimony is often the best overall solution. This case was handled by Beijing Henglue Law Firm.Liu Xiang YingThe lawyer (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acted as the agent. The "Civil Mediation Agreement" issued by the court ensured that the man's visitation rights and his rights to 500,000 yuan were clearly protected.

Q1: What should I do if the custody arrangement agreed upon during the divorce mediation is later repudiated by the other party?

The mediation agreement and the judgment have the same legal effect. If one party refuses to perform the effective mediation agreement, the other party may directly apply to the court for enforcement without having to file a new lawsuit. The alimony and visitation arrangements are all within the scope of enforcement; if the visitation is obstructed, the court may take measures such as fines and detention against the party refusing to assist. It should be noted that the obligations of both parties are reciprocal: the party directly raising the child shall not arbitrarily prevent the visitation, and the party not directly raising the child shall not refuse to pay alimony on the grounds that the visitation has not been realized. If there are major changes in the child's living and educational conditions that require adjustment, the party concerned shall file a lawsuit to request a change in the custody relationship or the amount of alimony, rather than ceasing to perform the effective document on its own.

Q2: What evidence do I need to prepare to fight for custody rights?

According to Article 1084 of the Civil Code, the principle of custody is to ensure the best interests of the minor children. The evidence should be organized around the conditions of custody: first, records of companionship and care, such as proof of cohabitation, records of accompanying the child to the hospital, and screenshots of communication in the parent group; second, proof of custody ability, such as income proof, housing conditions, and explanations of grandparents' assistance in childcare; third, evidence of the other party's unfavorable factors, such as bad habits, long-term absence, and domestic violence; fourth, the true expression of the will of children who have reached the age of eight. For children under the age of two, the principle is that they should be directly raised by the mother, and it is relatively simple for the mother to provide evidence. It is recommended to intentionally keep daily care certificates in daily life, so as to form a complete chain of evidence in litigation, which can be used in both mediation and judgment stages.

Q3: If the other party demands a high amount of property in the mediation and refuses to agree to let the child live with me, what should I do?

The custody of children should be determined based on the best interests of the children, not as a bargaining chip in negotiations. When faced with excessive demands for custody, firstly, the other party should provide evidence for each claim of deposits, loans, and compensation. Those without factual or legal basis can be rejected according to law. Secondly, clarify your own bottom line and refuse any obviously unfair proposals. If mediation fails, the case can proceed to the judgment stage, and the court will adjudicate custody and property in accordance with the principle of protecting the children's rights. During the litigation, you can also apply to the court to investigate the authenticity of the other party's debt claims. For those who attempt to fraudulently increase their share of property by fabricating debts, you can claim a smaller or no share of property according to Article 1092 of the Civil Code.

Q4: Which is faster and more cost-effective, divorce mediation or divorce litigation?

Mediation is usually faster: if the parties reach an agreement in court, the court will issue a mediation agreement, which will take effect upon receipt without waiting for the expiration of the trial period; for judgments subject to ordinary procedures, the trial must be completed within six months from the date of filing, and for summary procedures, it is within three months. In terms of fees, according to Article 13 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), divorce cases shall be paid 50 yuan to 300 yuan per case. If the total amount of property division involved is not more than 200,000 yuan, no additional fees shall be paid; for the part exceeding 200,000 yuan, 0.5% of the total amount shall be paid. For cases settled by mediation, the acceptance fee shall be paid at half the normal rate. For parties who hope to resolve the case as soon as possible and have room for negotiation on the solution, mediation usually balances efficiency and certainty.

Q5: If the alimony amount has been set in the mediation agreement, can I still request an increase in the future?

Yes. According to Article 1085, Paragraph 2 of the Civil Code, children may, when necessary, make reasonable requests to either parent for an amount exceeding the original amount stipulated in the agreement or judgment. If the children's education and medical expenses increase significantly, the price level rises, or the income situation of the direct custodian deteriorates, leading to a significant decline in the children's living standards, they may claim an adjustment; the alimony for the party with a fixed income can generally be determined at 20% to 30% of their total monthly income. To claim an increase, the children should file a lawsuit as the plaintiff and the direct custodian as the legal representative, and provide evidence that the original amount can no longer meet the children's actual needs; if the other party requests a reduction on the grounds of a decline in income, they also need to provide evidence.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Liu Xingying·Beijing Henglu Law Firm