Difference between revisions of "Parenting Coordination"

Revision as of 18:39, 30 July 2019

Parenting coordination is a child-focused dispute resolution process for separated families that deals with parenting disputes arising after an agreement or order has been made about parental responsibilities, parenting time, or contact. Parenting coordinators are experienced family law lawyers, mental health professionals (counsellors, social workers, family therapists, and psychologists), mediators, and arbitrators.

This section provides a provides a brief introduction to parenting coordination, an overview of the process, and links to some additional resources on parenting coordination.

Introduction

Parents who have a separation agreement or court order that establishes a parenting plan but are still fighting over the details may seek the assistance of a parenting coordinator to help resolve their disputes instead of repeatedly getting the courts involved. A parenting coordinator may be appointed by agreement or by order of the court. As with all family dispute resolution professionals, the parenting coordinator will meet with the parties separately prior to starting the process to screen for the presence of family violence.

What a parenting coordinator is

A parenting coordinator has specialized training in family law, mediation, arbitration, communications skills development, high conflict family dynamics, and child development. Parenting coordinators are governed by the Family Law Act, and the Family Law Act Regulation. In British Columbia, the BC Parenting Coordinators Roster Society administers a roster of parenting coordinators who have met additional standards of training and experience and who abide by established practice guidelines.

What a parenting coordinator does

Regardless of how detailed a parenting plan or order may be, some parents repeatedly find things to argue about. This kind of parental behaviour has a particularly negative impact on children. A parenting coordinator can be useful in minimizing that conflict by coaching parents on how to:

manage conflict,
make better parenting decisions,
compromise positions in the best interests of their children.

If that doesn't work, the parenting coordinator will mediate or, as a last resort, arbitrate the dispute between the parents. The long term goal of the parenting coordinator is to improve the parents' ability to communicate, problem solve, and make parenting decisions in a healthy and supportive way, without the need for third party interventions like a parenting coordinator or frequent applications to court. That goal may not be attainable for some parents.

Some examples of what a parenting coordinator may do are:

settling disputes or ambiguities about parenting schedules, extra-curricular activities, travel arrangements, holidays, and special events,
resolving issues about how child expenses will be paid,
deciding what school a child will attend,
determining if a child needs tutoring, therapy, or routine medical treatment, and
working out a protocol for a child’s belongings, inter-parent communications, parent-child communications, and attendance at a child's events.

What a parenting coordinator doesn't do

A parenting coordinator does not:

make original parenting plans or parenting orders,
make decisions changing custody or guardianship agreements or orders,
deal with property division, spousal support, or child support (with the possible exception of special expenses),
deal with relocation.

How the parenting coordinator works

A parenting coordinator is appointed by agreement or court order. The appointing agreement or order should specify who is being appointed and a deadline for signing the parenting coordination agreement and making payment of the required deposits and retainers. A list of parenting coordinators is available at the website of the BC Parenting Coordinators Roster Society. Some parenting coordinators invite parents to a short meeting to discuss the parenting coordinator's role prior to the formal appointment. This meeting might have a fixed cost or no cost. Once parents agree, or are ordered, to appoint a parenting coordinator, they will enter a parenting coordination agreement for which they should have independent legal advice. The parenting coordination agreement sets out in detail what the parenting coordinator will do, how it will be done, the cost, and how the costs are to be paid. The agreement also provides for the term of the appointment. Section 15(4) of the Family Law Act says that the maximum term is for 24 months, which is also the recommended term for most appointments. 12 month appointments are fairly common, however. Shorter appointments (6 months) have been made in specific circumstances, but the process of parenting coordination generally requires longer term engagement with the family for the best outcomes. Parenting coordinator contracts may be renewed for successive terms if the parenting coordinator and the parents agree.

Most parenting coordinators require a deposit and retainer, the price of which typically depends on the length of the appointment, the urgency of any specific issue, the number of issues, and the level of conflict between the parents. Retainers commonly start at $5,000, plus deposits which are set by the specific parenting coordinator appointed. Each parent must each pay their share of the retainers and deposits. As with a lawyer's retainer, the parenting coordinator's retainer and deposit are security for their accounts. When bills are issued, they are paid from the retainer. Deposits are generally held until the end of the appointment and applied to the last account. Any balance remaining is returned to the parent who provided the funds.

Parenting coordinators charge by the hour for all time spent working with the family, so the service can be costly, especially if over-used. However, when compared with the cost of numerous applications to court, the process can be quite cost effective, especially with high conflict families. That said, the services of a parenting coordinator may be more expensive than some families can afford.

Depending on the circumstances and the age of the children, the parents may also be asked to sign a number of consent forms giving the children's doctors, care providers, teachers, therapists, and any other relevant people, permission to discuss the family with the parenting coordinator. After the parenting coordination agreement has been signed and the deposits and retainer paid, the parenting coordinators will meet with the parties, usually in person. Until the presence of family violence has been screened for and an assessment of the level of conflict has been made, most parenting coordinators will meet with the parties separately. The parenting coordinator may also meet with the children and relevant third parties, such as teachers, therapists, or doctors who may be helpful. The parenting coordinator will attempt to coach, mediate, and as a last resort, arbitrate, the resolution of the parenting issues raised. As other issues develop, the same process applies. Some issues may be resolved relatively quickly by phone or email, while other issues will require in person meetings. Either or both parents may bring an issue to the parenting coordinator for resolution, although there is an obligation on parents to make reasonable efforts to resolve disputes directly before engaging the parenting coordinator. For issues within the parenting coordination mandate, decisions of the parenting coordinator are enforceable by the court. Parents who fail to meet their obligations under the parenting coordination Agreement or fail to attend meetings arranged by the parenting coordinator may be penalized in costs, and their lack of cooperation may be reported by the parenting coordinator to the court.

Enforcing a determination

Parenting coordinators' determinations may be enforced by filing them in court, either under Rule 12 of the Provincial Court Family Rules or Rule 2-1.1 of the Supreme Court Family Rules.

Concluding the retainer

At the end of the parenting coordinator's term, parents and the parenting coordinator may agree to renew the parenting coordination agreement. If the agreement isn't renewed by unanimous agreement, the parenting coordination process is concluded unless the court orders a renewal or further appointment.

Under section 15(6) of the Family Law Act, a parenting coordination agreement can be terminated before the end of a parenting coordinator's term in one of three circumstances:

(a) in the case of an agreement, by agreement of the parties or by an order made on application by either of the parties;

(b) in the case of an order, by an order made on application by either of the parties;

(c) in any case, by the parenting coordinator, on giving notice to the parties and, if the parenting coordinator is acting under an order, to the court.

Resources and links

Legislation

Documents

BC Parenting Coordinators Roster Society: Standard Parenting Coordination Agreement Template (April 2015)

Links

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Morag MacLeod, Feb 13, 2019.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

@@ Line 1: / Line 1: @@
-{{JP Boyd on Family Law TOC}}
+{{JP Boyd on Family Law TOC|expanded = outofcourt}}{{JPBOFL Editor Badge
+|ChapterEditors = [[Morag MacLeod|Morag MacLeod QC]], and [[Catherine Brink]]
+}}
-NOT FINISHED. MUST BE EDITED. Parenting coordination is a child-focused dispute resolution process for separated families which helps to resolve issues about the implementation and interpretation of orders and agreements on parenting issues. Parenting coordinators are experienced family law lawyers and mediators, counsellors, social workers and psychologists.
+Parenting coordination is a child-focused dispute resolution process for separated families that deals with parenting disputes arising after an agreement or order has been made about parental responsibilities, parenting time, or contact. ''Parenting coordinators'' are experienced family law lawyers, mental health professionals (counsellors, social workers, family therapists, and psychologists), mediators, and arbitrators.
-This chapter provides a brief introduction to parenting coordination, an overview overview of the process and links to some additional resources on parenting coordination.
+This section provides a provides a <span class="noglossary">brief</span> introduction to parenting coordination, an overview of the process, and links to some additional resources on parenting coordination.
 ==Introduction==
+Parents who have a separation agreement or court order that establishes a parenting plan but are still fighting over the details may seek the assistance of a parenting coordinator to help resolve their disputes instead of repeatedly getting the courts involved. A parenting coordinator may be appointed by agreement or by order of the court. As with all family dispute resolution professionals, the parenting coordinator will meet with the parties separately prior to starting the process to screen for the presence of family violence.
-Parenting coordination uses both mediation and arbitration to resolve disputes about parenting issues as they arise from time to time, once the parents have reached a final order or agreement dealing with custody and guardianship of and access to their children.
+===What a parenting coordinator is===
+A parenting coordinator has specialized training in family law,  mediation, arbitration, communications skills development, high conflict family dynamics, and child development. Parenting coordinators are governed by the ''[[Family Law Act]]'', and the [http://canlii.ca/t/8rdx Family Law Act Regulation]. In British Columbia, the [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society] administers a roster of parenting coordinators who have met additional standards of training and experience and who abide by established practice guidelines.
-The parenting coordinator is a family law lawyer or a mental health professional whom the parents hire on a long-term basis, usually for not less than six months and not more than two years. Parenting coordination is only useful for parents who, despite the formal resolution of their issues, seem to always find themselves fighting about parenting issues.
+===What a parenting coordinator does===
+Regardless of how detailed a parenting plan or order may be, some parents repeatedly find things to argue about. This kind of parental behaviour has a particularly negative impact on children. A parenting coordinator can be useful in minimizing that conflict by coaching parents on how to:
+#manage conflict,
+#make better parenting decisions,
+#compromise positions in the best interests of their children.
+If that doesn't work, the parenting coordinator will mediate or, as a last resort, arbitrate the dispute between the parents. The long term goal of the parenting coordinator is to improve the parents' ability to communicate, problem solve, and make parenting decisions in a healthy and supportive way, without the need for third party interventions like a parenting coordinator or frequent applications to court. That goal may not be attainable for some parents.
-Once the parenting coordinator has been retained, either parent may ask the parenting coordinator to resolve a dispute. The parent with the issue will contact the parenting coordinator and explain the problem and his or her preferred solution. The parenting coordinator will discuss the problem with the other parent to get his or her prespective on the issue and will then work with both parents to find a resolution everyone can agree to. If, however, the parents can't reach agreement or if the issue is very urgent, the parenting coordinator may arbitrate the dispute and impose a resolution.
+Some examples of what a parenting coordinator may do are:
+*settling disputes or ambiguities about parenting schedules, extra-curricular activities, travel arrangements, holidays, and special events,
+*resolving issues about how child expenses will be paid,
+*deciding what school a child will attend,
+*determining if a child needs tutoring, therapy, or routine medical treatment, and
+*working out a protocol for a child’s belongings, inter-parent communications, parent-child communications, and attendance at a child's events.
-This process will repeat whenever a parent has a dispute which needs to be resolved.
+===What a parenting coordinator doesn't do===
+A parenting coordinator does not:
+*make original parenting plans or parenting orders,
+*make decisions changing custody or guardianship agreements or orders,
+*deal with property division, spousal support, or child support (with the possible exception of special expenses),
+*deal with relocation.
-===What Parenting Coordination Deals With===
+===How the parenting coordinator works===
+A parenting coordinator is appointed by agreement or court order. The appointing agreement or order should specify who is being appointed and a deadline for signing the [https://perma.cc/544Y-KP9Y parenting coordination agreement] and making payment of the required deposits and retainers. A list of parenting coordinators is available at the website of the [http://www.bcparentingcoordinators.com/member-roster/ BC Parenting Coordinators Roster Society].
+Some parenting coordinators invite parents to a short meeting to discuss the parenting coordinator's role prior to the formal appointment. This meeting might have a fixed cost or no cost.
+Once parents agree, or are ordered, to appoint a parenting coordinator, they will enter a [https://perma.cc/544Y-KP9Y parenting coordination agreement] for which they should have independent legal advice. The parenting coordination agreement sets out  in detail  what the parenting coordinator will do, how it will be done, the cost, and how the costs are to be paid. The agreement also provides for the term of the appointment. Section 15(4) of the ''[[Family Law Act]]'' says that the maximum term is for 24 months, which is also the recommended term for most appointments. 12 month appointments are fairly common, however. Shorter appointments (6 months) have been made in specific circumstances, but the process of parenting coordination generally requires longer term engagement with the family for the best outcomes. Parenting coordinator contracts may be renewed for successive terms if the parenting coordinator and the parents agree.
-Parenting coordination addresses how final orders and agreements about parenting issues are interpreted and implemented. Although parenting coordinators also have the authority to make minor, usually temporary, changes to those orders and agreements, parenting coordinators do not have the ability to make permanent or major changes about important issues like custody or guardianship. Parenting coordinators can also deal with minor, usually temporary, issues that aren't covered by an order or agreement, like settling the arrangements for a special event or resolving a schooling problems.
+Most parenting coordinators require a deposit and retainer, the price of which typically depends on the length of the appointment, the urgency of any specific issue, the number of issues, and the level of conflict between the parents. Retainers commonly start at $5,000, plus deposits which are set by the specific parenting coordinator appointed. Each parent must each pay their share of the retainers and deposits. As with a lawyer's retainer, the parenting coordinator's retainer and deposit are security for their accounts. When bills are issued, they are paid from the retainer. Deposits are generally held until the end of the appointment and applied to the last account. Any balance remaining is returned to the parent who provided the funds.
-===What Parenting Coordination Might Deal With===
+Parenting coordinators charge by the hour for all time spent working with the family, so the service can be costly, especially if over-used. However, when compared with the cost of numerous applications to court, the process can be quite cost effective, especially with high conflict families. That said, the services of a parenting coordinator may be more expensive than some families can afford.
-Parenting coordination usually does not deal with child support or children's special expenses, however if the parents and the parenting coordinator agree, the parenting coordinator may assist the parents with things like:
+Depending on the circumstances and the age of the children, the parents may also be asked to sign a number of consent forms giving the children's doctors, care providers, teachers, therapists, and any other relevant people, permission to discuss the family with the parenting coordinator. After the parenting coordination agreement has been signed and the deposits and retainer paid, the parenting coordinators will meet with the parties, usually in person.  Until the presence of family violence has been screened for and an assessment of the level of conflict has been made, most parenting coordinators will meet with the parties separately. The parenting coordinator may also meet with the children and relevant third parties, such as teachers, therapists, or doctors who may be helpful. The parenting coordinator will attempt to coach, mediate, and as a last resort, arbitrate, the resolution of the parenting issues raised. As other issues develop, the same process applies. Some issues may be resolved relatively quickly by phone or email, while other issues will require in person meetings. Either or both parents may bring an issue to the parenting coordinator for resolution, although there is an obligation on parents to make reasonable efforts to resolve disputes directly before engaging the parenting coordinator. For issues within the parenting coordination mandate, decisions of the parenting coordinator are enforceable by the court. Parents who fail to meet their obligations under the parenting coordination Agreement or fail to attend meetings arranged by the parenting coordinator may be penalized in costs, and their lack of cooperation may be reported by the parenting coordinator to the court.
-* reviews of child support, where the review is required by an order or agreement
+===Enforcing a determination===
-* deciding which expenses qualify as a special expenses
-* determining the amount of each parent's contribution to the children's special expenses
-Many parenting coordinators won't address these issues. The parenting coordinators most likely to agree to address them are those parenting coordinators who are also family law lawyers.
+Parenting coordinators' determinations may be enforced by filing them in court, either under Rule 12 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] or Rule 2-1.1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].
-===What Parenting Coordination Won't Deal With===
+===Concluding the retainer===
-Parenting coordination cannot help with the division of property.
+At the end of the parenting coordinator's term, parents and the parenting coordinator may agree to renew the parenting coordination agreement. If the agreement isn't renewed by unanimous agreement, the parenting coordination process is concluded unless the court orders a renewal or further appointment.
-Parenting coordination cannot help with a person's entitlement to receive spousal support, problems with the payment of spousal support or changing an order or agreement about spousal support.
+Under section 15(6) of the ''[[Family Law Act]]'', a parenting coordination agreement can be terminated before the end of a parenting coordinator's term in one of three circumstances:
-Parenting coordination cannot make orders about custody or guardianship, or change orders and agreements about custody or guardianship.
+<blockquote><tt>(a) in the case of an agreement, by agreement of the parties or by an order made on application by either of the parties;</tt></blockquote>
+<blockquote><tt>(b) in the case of an order, by an order made on application by either of the parties;</tt></blockquote>
+<blockquote><tt>(c) in any case, by the parenting coordinator, on giving notice to the parties and, if the parenting coordinator is acting under an order, to the court.</tt></blockquote>
-==Overview==
+==Resources and links ==
-Parenting coordinators are hired by the parent's agreement or a court order. The agreement or order should specify who is being appointed as parenting coordinator; a list a of parenting coordinators is available at the website of BC Parenting Coordinators Roster Society.
+===Legislation===
-The parents and their parenting coordinator will sign a parenting coordination agreement that talks about the scope of the parenting coordinator's services and authority, how parenting problems will be addressed, and how the parents will handle paying the coordinator's fees. (In general, the parenting coordinator's fees will be split equally between the parents, unless they agree otherwise or the parenting coordinator has a good reason to assign responsibility for a certain amount of fees to a particular parent.) It is always helpful if the key terms of the parenting coordination agreement are set out in the order or agreement appointing the parenting coordinator, including:
-* the scope of the issues the parenting coordinator may address
-* a description of the dispute resolution process, including the parenting coordinator's ability arbitrate a dispute in the event consensus cannot be reached
-* confirming that the parenting coordination process is not confidential
-* the duration of the parenting coordinator's contract
-* the circumstances in which the parenting coordinator can withdraw from a case
-The parents must each then pay their share of the parenting coordinator's retainer. Like with a lawyer, the retainers paid to the parenting coordinator act as security for his or her future bills; when those bills are issued, the parenting coordinator will pay him- or herself with the retainer. Some parenting coordinator's will also ask for an addditional deposit. This money is held in reserve to enable the parenting coordinator to finish dealing with a problem in the event that a parent's retainer runs out in the middle of a dispute and the parent refuses to provide an additional retainer.
-Next, the parenting coordinator will meet separately with each parent to explain the process in more depth and get a detailed history of the parents' relationship and litigation. Depending on the age of the children, the parenting coordinator may also want to interview the children as well.
+* ''[[Family Law Act]]''
+* [http://canlii.ca/t/8rdx Family Law Act Regulation]
+* ''[http://canlii.ca/t/84gc Arbitration Act]''
+* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
+* [http://canlii.ca/t/85pb Provincial Court Family Rules]
-Once these matters have been taken care of, either parent can bring a parenting problem to the parenting coordinator when a dispute arises. Parenting coordinators will often deal with dozens of these disputes during their retainer.
+===Documents===
-Where there is a problem, the parenting coordinator will listen to the parenting raising the issue and then contact the other parent to get his or her take on things. Depending on the nature of the parents and the nature of the problem, the parenting coordinator may attempt to mediate a resolution between the parents or may arbitrate the dispute. If mediation is required, the parenting coordinator may:
+* [https://perma.cc/544Y-KP9Y BC Parenting Coordinators Roster Society: Standard Parenting Coordination Agreement Template (April 2015)]
-* meet with the parents separately or together about the issue
-* interview the children to get their input on the issue
-* speak to the children's counsellors, doctors, teachers, instructors or coaches
-* speak to any other third party who may have helpful information about the issue
-Parenting coordinators only arbitrate as a last resort, usually because the problem is urgent and must be dealt with quickly or because mediation has failed to reach an agreement. Where arbitration is required, the parenting coordinator will provide the parents with a written statement of his or her decision and the reasons for that decision.
-While the parenting coordinator will always try to mediate an agreement before making a decision, the steps the parenting coordinator takes to resolve a problem will change depending on the nature of the dispute and the urgency with which resolution must be reached.
-At the end of the parenting coordinator's retainer, all parties (the parents and the parenting coordinator) must agree to renew the parenting coordination agreement.
-==Resources==
-More information about parenting coordination is available at the websites of the BC Parenting Coordinators Roster Society and the Association of Family and Conciliation Courts. The BC roster has drawn its guidelines from the AFCC's Guidelines for Parenting Coordination (PDF) which are worth reviewing.
-The BC roster is developing a model parenting coordination agreement. This agreement will be available here for download when it is released by the roster.
-==Further Reading in this Chapter==
-Return to the <span style="color: red;">first page</span> in this chapter.
-* <span style="color: red;">Collaborative Processes</span>
-* <span style="color: red;">Mediation</span>
-* <span style="color: red;">Arbitration</span>
-==Page Resources, Links and Downloads==
-===Legislation===
-* <span style="color: red;">bulleted list of legislation referred to in page</span>
 ===Links===
-* <span style="color: red;">bulleted list of linked external websites referred to in page</span>
+* [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]
-* <span style="color: red;">Collab Roster</span>
+* [http://www.afccnet.org/ Association of Family and Conciliation Courts]
+* [http://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.pdf AFCC's Guidelines for Parenting Coordination] (PDF)
+<!---HIDDEN UNTIL WE CONSIDER HOW TO TREAT DOWNLOADS WHERE WE HAVE A PRINTED BOOK TO BE CONCERNED ABOUT
 ===Downloads===
@@ Line 101: / Line 88: @@
 This sample document is just that: a sample. While it represents a more or less accurate picture of how these sorts of agreements might look, it may not be applicable to your situation and may not reflect the terms of the agreement you will sign if you decide to use a collaborative settlement process. Use it as a reference only.
+AFCC guidelines for parenting coordination
+END HIDDEN--->
+{{REVIEWED | reviewer = [[Morag MacLeod]], Feb 13, 2019}}
 {{JP Boyd on Family Law Navbox|type=chapters}}
+{{Creative Commons for JP Boyd}}
+[[Category:JP Boyd on Family Law]]

Difference between revisions of "Parenting Coordination"

Revision as of 18:39, 30 July 2019

Contents

Introduction

What a parenting coordinator is

What a parenting coordinator does

What a parenting coordinator doesn't do

How the parenting coordinator works

Enforcing a determination

Concluding the retainer

Resources and links

Legislation

Documents

Links

Navigation menu

Difference between revisions of "Parenting Coordination"

Revision as of 18:39, 30 July 2019

Introduction

What a parenting coordinator is

What a parenting coordinator does

What a parenting coordinator doesn't do

How the parenting coordinator works

Enforcing a determination

Concluding the retainer

Resources and links

Legislation

Documents

Links

Navigation menu

Search