Parenting Coordination: As Seen from the Bench, a Family Law Attorney and Parenting Coordinator

An article from the bench, bar and parenting coordinator. Honorable Judge Mary E. Staley – For the sake of their children, divorcing parents must communicate with each other in a healthy manner concerning parenting issues. This poses a serious problem for the approximately 20-30% of divorcing parents who exhibit high conflict behaviors. Research indicates that unrelenting parental conflict is the most common cause of poor adjustment in children following a divorce.

In the past the legal system has had limited resources available to assist high conflict families. However, the creation of parenting coordinators (PC) in 1997 has resulted in a steadily growing trend throughout the United States, Canada and Europe of using PC’s to address problems unique to high conflict divorcing parents.

Parenting Coordination is a non-confidential, child centered process designed to assist conflicted divorced and divorcing parents and help the courts determine the best interest of involved children. It is a form of dispute resolution for cases in which conventional mediation is inappropriate or ineffective due to high levels of conflict. Through education, mediation and case management, the family’s progress is monitored to ensure that parents fulfill their obligations to their child(ren) and complying with court orders. With prior approval of the parties or order of the court, the PC may make temporary decisions consistent with the scope of a court order or appointment contract to help high-conflict parents who have demonstrated an inability or unwillingness to make parenting decisions on their own. PC’s may be used during the divorce process or post divorce. Parents with serious communication difficulties or with serious allegations about each other may request the monitoring services of a PC. The PC is a mental health professional or family lawyer who is trained to work as a neutral with the parents to ensure parental access and protect children from unnecessary stress.

Parenting Coordination goals include:

• Shielding the child from conflict;
• Allowing the child to love both parents;
• Reducing the child’s stress;
• Improving the co-parent relationship;
• Increasing parental cooperation and respect;
• Teaching effective communication skills;
• Monitoring any attempts at alienation ;
• Mediating (pre-divorce) or clarify an existing parenting plan;
• Reducing future litigation;
• Monitoring parental behaviors and compliance with court orders;
• Reporting non-compliance to attorneys;
• Referring those involved for necessary services; and
• As last resort, provide testimony for the child(ren).

Usually the PC is granted limited authority to make simple and temporary modifications to visitation and custody. This authority is conferred by court order or consent of the parties. Any changes are put in place to reduce stress for the children. For example, it might be wise to change a transfer time or location for a few weeks to alleviate a child’s stress at transfer. Ultimately, a parent’s visitation rights cannot be altered in any way by the PC absent parental agreement or court order. Unless both parents agree to a modification after a trial period, the visitation pattern reverts to the original plan as outlined in their order. However, the PC may make recommendations to the parent’s and the court about those parenting issues that the parents were unable to resolve to assist the parties in improving their parenting style as well as inform the court about those issues.

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