One of the most underutilized, yet highly effective resources available in a high-conflict child custody case is a parenting coordinator. A parenting coordinator is an individual, often an attorney or a mental health expert, who is appointed by the court to assist the parties in resolving various issues related to the minor children in the case.
Most often a parenting coordinator is appointed after final orders have been entered in a case in order to assist with interpreting the orders, enforcing the orders or resolving unforeseen issues that arise. However, a parenting coordinator may be appointed prior to entry of final orders in a case and can be a wonderful resource for parents who have problems communicating and agreeing.
Most parenting coordinators require the parents to meet with the parenting coordinator in-person for an initial meeting after the parenting coordinator is appointed. Most subsequent requests can be handled by email or telephone. The parenting coordinator will listen to the issues the parties submit—much like in a mediation session—and attempt to assist the parties in coming to an agreement. If an agreement cannot be reached during the session, the parenting coordinator has the authority to decide the issue by using the best-interests-of-the-child standard.
The parenting coordinator will then issue what is known as a “Report and Recommendation”, which is available for review by the parties, their lawyers, and the assigned Judge. Normally, the Judge will sign/approve the Report and Recommendation as the court’s temporary order. If either party does not agree to the recommendations of the parenting coordinator, he or she has ten (10) days to submit a written objection to the Report and Recommendations and request a hearing on the matter. If no objection to the Report and Recommendation is filed, the parenting coordinator’s recommendation, with any modifications the Judge wishes to make, will become the court’s final order on the issue.
Submitting parenting time and legal decision-making issues to a parenting coordinator is a much more efficient way of resolving conflicts than hiring lawyers to file a court action every time a conflict arises. The parenting coordinator’s scope of authority to resolve disputes, however, is limited by the Arizona Rules of Family Law Procedure. The parenting coordinator is not authorized to make changes regarding legal decision-making or any significant changes to the parties’ parenting time schedule. Additionally, the parenting coordinator does not have any authority with regard to child support issues.
The parenting coordinator’s role is to interpret and assist in resolving disputes regarding an existing parenting plan—not to establish or implement a new parenting plan. In a high-conflict case, however, once a parenting plan has been put in place, a parenting coordinator is often the most efficient and effective means of resolving ongoing disputes that almost always arise.
Copyright © 2015 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.