Parenting Coordination

An administrative order is presently begin considered by the Florida Supreme Court which would certify Parenting Coordination.

The courts are recognizing that children caught in the middle of high parental conflict are more likely to be harmed.

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:
  • Custody evaluator or investigator

  • Mediator pursuant to Chapter 44

  • Psychotherapist

  • Guardian Ad Litem

  • Attorney

A PC may not:

  • 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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