In addition,
the courts are recognizing that Parenting
Coordinators (PCs) promote the best interests of
minor children in high conflict cases by lessening
the duration and severity of parental conflict. In
so doing, PCs are shielding children from the
harmful effects of such conflict.
Also, PCs help assure that each minor child has
frequent and continuing contact with both parents
after the parents separate or the marriage of the
parties is dissolved. PCs encourage parents to share
the rights and responsibilities and the joys of
childrearing.
PCs provide a form of alternative dispute
resolutions that enhances the purposes of Chapter
61, Florida Statues, including 61.12(2)(b)1.
With the consent of the parties, a PC may be
appointed by the court to provide the parents with
assistance to effectively implement existing court
orders on issues of shared parenting. These services
may commence when the parties have failed to
adequately implement their shared parenting plan in
relation to their child or children. In such
instances, mediation has not been successful or has
been determined by the courts to be inappropriate.
Frequently the court finds that appointment of a PC
is necessary to protect the children form harm
caused by the parents’ failure to implement the
shared parenting plan. PCs will be appointed in
cases where the parents can afford to pay for the
PC’s services or the PC can provide services at no
cost.
In most Marital Settlement Agreements (MSA) the
court has entered a temporary or final order setting
out the nature and extent of the contact to be had
between the children and each parent. This order is
referred to as the Shared Parenting Plan.
The parenting coordination process is NOT
confidential or privileged.
PCs can be
ordered to:
-
Monitor implementation of the
shared parenting plan or parenting schedule
-
Facilitate the resolution of
disputes regarding the implementation of the
shared parenting plan or parenting issues, provide
such resolution does to involve a substantive
change to the shared parenting plan
-
Recommend to parents strategies for
implementing the shared parenting plan, the
schedule or resolving other parenting issues. Such
recommendation may include that one or both
parents avail themselves of accessible and
appropriate community resources, including but not
limited to random drug screens, parenting classes
and individual psychotherapy or family counseling,
if there is a history or evidence that such
referrals are appropriate
-
Recommend to the parents changes to
the shared parenting plan that do not involve
substantive changes
-
If there is no history of domestic
violence, facilitate negotiation between the
parents concerning shared parenting issues
provided that the resolution does not create a
substantive change in the shared parenting plan
-
Educate parents to effectively:
-
Parent in a manner that minimizes
conflicts
-
Communicate and negotiate with each
other and their children
-
Develop and apply appropriate
parenting skills
-
Understand principles of child
development and issues facing children when their
parents no longer live together
-
Disengage form the other parent
when engagement leads to conflicts and
non-cooperation
-
Identify the sources of their
conflict with each other and work jointly to
minimize conflict and lessen its deleterious
effects on the children
-
Allow the children to grow up free
form the threat of being caught in the middle of
their parents’ disputes
-
Report to the court regarding
compliance with the parenting coordination process
which cold include recommendations to the court
concerning how to more effectively implement the
parenting coordination process.
-
Report to the court the extent of
parents’ compliance wit the other court orders
(therapy, drug tests, child therapy) without
providing a recommendation on what should be done
regarding any lack of compliance.
-
Identify to the court the need for
a decision on a particular issue but not recommend
the specific resolution of the decision.
-
Communicate with the parents and
their children, separately or together, in person
or by telephone and
-
Provide information to health care
providers and mental health providers for the
parents and the children; and nay other third
parties reasonably deemed necessary by the
parenting coordinator.
With expressed
consent of the parties and provided that there is no
history or evidence of domestic violence which would
make any of the following inappropriate, the court
order appointing the parenting coordinator may:
-
Provide the parenting coordinator with temporary
decision-making authority to resolve minor
disputes between the parties concerning shared
parenting decisions until such time as a court
order is entered modifying the decision. Such
decision making services provided by the PC shall
only apply to non-substantive changes to the
parenting plan;
-
Authorize the PC to have access to confidential
and privileged records, and
-
Authorize the PC to make recommendations to the
court concerning non-substantive modifications to
the shared parenting plan
The PC may not
serve in any of the following roles for any party or
other immediate family member for whom the PC is
providing or has provided parenting coordination
services:
-
Address financial matter between
the parties
-
Made a recommendation to the court
as to substantive change in the shared parenting
plan
-
Modify the substantive rights of
the parties as provided in the parenting agreement
or other valid order
-
If domestic violence is present or
suspected, bring the parties within proximity of
each other or facilitate party communication which
could create the opportunity for violence or abuse
or otherwise compromise the parenting coordination
process.
A PC is NOT required to provide
crisis intervention services or provide services
during evenings or weekends.
A PC shall work with both parents to resolve
conflicts and may recommend appropriate resolution
to the parties and their legal counsel prior t the
parents seeking court action. However, the PC shall
immediately communicate with the court, without
prior notice to the parties, counsel or a Guardian
Ad Litem, in the event of any emergency which:
-
A party or child is anticipated to
suffer or is suffering abuse, neglect or
abandonment as defined in Chapter 39
-
A party or someone acting on his or
her behalf s expected to wrongfully remove or is
wrongfully removing the child from the other
parent and the jurisdiction of the court, without
prior court approval. Wrongful removal of the
child shall be defined according to the Hague
Convention #28 or
-
A parent obtains a final order of
protection against domestic violence pursuant to
Chapter 741, or is arrested for an act of domestic
violence as defined in Chapter 741.
In the event the PC communicates
wit the court without prior notice to the parties,
counsel or a guardian Ad Litem, the communication
shall be under oath, and the court shall determine
whether facts and circumstances constitute an
emergency and whether the emergency requires action
to prevent or stop furtherance of the emergency
before the parties and/or Guardian Ad Litem can be
herd in opposition to the action. Every order in
which the court takes action without prior notice to
the parties, counsel or a Guardian Ad Litem shall
state the factual basis for the action and why prior
notice was not give. Further, such an order shall be
endorsed with the date and time of entry,
immediately filed with the clerk and served upon all
persons who were otherwise entitled to notice of the
action. If the court takes action based upon such
communication without notice, the court shall
conduct a hearing as soon as practicable thereafter,
giving all interested parties notice and an
opportunity to be heard.
Any substantive changes to the shared parenting plan
shall be subject to court approval.
The PC is appointed until discharged by the court.
The PC may apply directly to the court for a
discharge, and shall provide the parties and counsel
with notice of the application for discharge. The
court may discharge the PC without hearing unless
either party requests a hearing in writing within
ten days on the application for discharge.
Either party may seek to suspend or terminate the
parenting coordination process by filing a motion
with the court. The PC’s services may not be
terminated by either of the parties without order of
the court.
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