| Parenting coordination is a Alternative Dispute | | | | Bar is working on Parenting Coordination legislation. I |
| Resolution process. It is not therapy, advocacy, or | | | | am a member of this committee together with other |
| evaluation. A Parenting Coordinator ("PC") provides the | | | | attorneys, judges, mental health professionals, |
| following services to families before, during, and after | | | | mediators, and experts in the field of domestic |
| divorce: assessment, education, coordination, conflict | | | | violence. |
| management, mediation, and arbitration - all related to | | | | PCs are currently working by court appointment (or by |
| child-focused issues. Typically, the PC is | | | | private agreement) across the country. In states that |
| court-appointed in "high conflict" cases after parents | | | | do not have statutes, issues arise concerning lack of |
| have demonstrated their inability to resolve | | | | uniformity about qualifications, authority, accountability |
| child-focused issues. But wouldn't it make more sense | | | | and more. Consequently, vigilance is necessary to be |
| to be proactive and give families access to parenting | | | | certain that PCs are qualified through professional |
| coordination as a resource early in the process? | | | | licensure in law or mental health, are trained in |
| Doesn't it make sense to have a trained professional | | | | mediation, have a working knowledge of child and |
| available to work with both parents to help manage | | | | adolescent development and family systems, have |
| parenting issues and develop new communication and | | | | specific training in parenting coordination and the ability |
| problem-solving skills as their family structure changes | | | | to work within the framework of the ADR process, |
| through divorce? | | | | rather than therapy, advocacy or evaluation. |
| I suppose the answer depends on many factors, | | | | There are some PCs who liken their work to "couples |
| including the qualifications of the PC, authority of the | | | | counseling" - it isn't. Parenting coordination is not |
| PC, and accountability of the PC. Since there is no | | | | therapy. A PC will try to "work their way out of a job." |
| national licensing or certification body for PCs, we must | | | | There are some PCs who take sides with one parent |
| look to state statutes for guidance. Qualifications for a | | | | or the other - that's unusual because the PC is defined |
| PC established by statute may be intentionally vague, | | | | as "impartial" or "neutral" in all state statutes. If the PC |
| such as one who must be "an individual with | | | | is court-appointed, the PC may be asked to make |
| appropriate training and qualifications, and must have a | | | | recommendations to the Court, however, that does |
| perspective acceptable to the court" in Colorado, or a | | | | not relieve the PC of the duty to be impartial. The |
| licensed attorney or mental health professional with a | | | | issue of accountability has several dimensions. First, |
| specific number of years and type of experience and | | | | there is the question of opportunity for review of a |
| training in North Carolina. The key is to find a qualified | | | | PC's decisions and recommendations. In |
| PC whose focus is the Alternative Dispute Resolution | | | | court-appointed cases, there are due process |
| ("ADR") process, not therapy, advocacy or evaluation. | | | | safeguards built into court orders and statutes. |
| Assuming attorneys and families can find suitable | | | | However, those PCs who work without a statute or |
| professionals to work with them solely on | | | | order must have very clear parameters for their work. |
| child-focused issues within the ADR process, what | | | | Next, there is the issue of professional accountability |
| authority should the PC have? It is generally accepted | | | | and ethics since there is no entity that oversees the |
| that PCs cannot make decisions that affect the | | | | conduct of PCs or can be responsive to a consumer |
| substantive rights of the parties (i.e. changes in legal | | | | complaint. |
| custody, physical custody, visitation and child support). | | | | It makes sense for families to have access to PCs to |
| Can the PC be the Final Decision Maker regarding any | | | | do this important work and establish new |
| specific issues? Authority of the PC will determined by | | | | communication and problem-solving skills early in the |
| state statute and/or court order (if they exist), but | | | | divorce process. Families must develop the tools they |
| what about those families who work with a PC in the | | | | need to avoid conflicts, rather than continue along a |
| absence of a statute or court order? All PCs (whether | | | | downward spiral as parenting issues spin out of |
| court-appointed or not) should have an agreement for | | | | control, damaging children, sometimes irreparably. Why |
| clients to sign that precisely sets forth the parameters | | | | wait until a family situation becomes unbearable to go |
| of the PC's authority as well as all other terms of the | | | | to court to petition for appointment of a PC? |
| professional relationship. | | | | Attorneys and judges do not have to micro-manage |
| Only a handful of states have PC legislation. Oklahoma | | | | parenting issues. It makes more sense for attorneys to |
| was the first state to pass the Parenting Coordinator | | | | recommend working with PCs early in the divorce |
| Act in 2001. Idaho, Oregon, Texas, North Carolina, | | | | process to avoid litigation regarding child-focused |
| Colorado and Louisiana have passed PC statutes | | | | issues. Why insist on a court order? Stipulations are |
| since then. In Minnesota, "expeditors" are appointed to | | | | more in sync with the peaceful divorce model. Let's |
| arbitrate parenting plans. In Arizona, "family court | | | | make attorneys and families aware of this valuable |
| advisors" monitor compliance with visitation and | | | | alternative approach to the practice of family law. |
| custody orders. In California, "special masters" and | | | | Oh - and what if one parent wants to work with the |
| "referees" are equivalent to PCs. In Ohio and | | | | PC and the other doesn't? That, too, will have a |
| Wisconsin, arbitration statutes are used to facilitate | | | | positive impact on the family - it's "the power of one." |
| parenting coordination. In Florida, there are | | | | One person has the ability to shift the family dynamics |
| Administrative Orders regarding parenting coordination | | | | by developing new communication and conflict |
| in some circuits but not in others. Currently, an Ad Hoc | | | | management skills. It takes commitment and |
| Committee of the Family Law Section of The Florida | | | | perseverance -- and it works. |