In high-conflict custody cases, parenting coordination may be an appropriate step to help the parties resolve issues without the need for the court’s involvement. This blog post answers several questions you might have regarding parenting coordination and whether it could be appropriate in your custody case.
What is it?
Parenting coordination involves the use of a court-appointed lawyer or mental health professional serving as a decision maker when co-parents are unable to reach agreements about day-to-day custody issues in counties that have implemented a parenting coordination program.
There is a statewide rule, Pa.R.Civ.P. 1915.11-1, that governs how parenting coordination works statewide.
Who are parenting coordinators?
Under the Rule, parenting coordinators are either mental health professionals or attorneys with at least five years of family law experience. In addition, parenting coordinators must have specialized training in family mediation, domestic violence, and the parenting coordination process.
In what types of cases it is appropriate?
A parenting coordinator can be appointed by agreement of the parties or, if the parties cannot agree on whether a parenting coordinator is necessary, the court can appoint one. Typically, courts appoint parenting coordinators in high-conflict cases. These are often cases in which the docket has been flooded with filings on custody issues. In other words, if the parties have been unable to reach agreements on day-to-day issues and have repeatedly turned to the court for assistance in resolving those disputes, the court may view parenting coordination as an appropriate next step.
In appropriate cases, parenting coordination can be beneficial to everyone involved – it can provide for quicker resolution of day-to-day issues, freeing up the court’s limited time. However, it can also save money – instead of both parties paying their attorneys to litigate issues, each party pays (as discussed below) for half of the parenting coordinator’s rate. Often, parties then proceed through parenting coordination without their lawyers, instead working directly with the parenting coordinator.
What can parenting coordinators decide?
The scope of a parenting coordinator’s authority is limited by the Rule. Parenting coordinators can decide the following:
(i) places and conditions for custodial transitions between households;
(ii) temporary variation from the custodial schedule for a special event or particular circumstance;
(iii) school issues, apart from school selection;
(iv) the child’s participation in recreation, enrichment, and extracurricular activities, including travel;
(v) child-care arrangements;
(vi) clothing, equipment, toys, and the child’s personal possessions;
(vii) information exchanges (e.g., school, health, social) between the parties and communication with or about the child;
(viii) coordination of existing or court-ordered services for the child (e.g., psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management);
(ix) the child’s behavioral management; and
(x) other related custody issues that the parties mutually have agreed in writing to submit to the parenting coordinator, which are not excluded in subdivision (e)(2).
Pa.R.Civ.P. 1915.11-1(e)(1).
However, parent coordinators may not decide the following issues:
(i) a change in legal custody as set forth in the custody order;
(ii) a change in primary physical custody as set forth in the custody order;
(iii) except as set forth in subdivision (e)(1)(ii), a change in the court-ordered custody schedule that reduces or expands the child’s time with a party;
(iv) a change in the child’s residence (relocation);
(v) determination of financial issues, other than allocation of the parenting coordinator’s fees as set forth in subdivision (h)(1);
(vi) major decisions affecting the child’s health, education, or religion; and
(vii) other issues limited by the appointing judge.
Pa.R.C.P. No. 1915.11-1(2).
In sum, parenting coordinators can help co-parents interpret, clarify and “live with” their existing custody order, but parenting coordinators are not authorized to make major changes.
How does parenting coordination work?
How parent coordination typically works is a parent submits an issue to the parenting coordinator via email, with a copy to the other party. The parenting coordinator invites a response from the other party. The parenting coordinator then renders a decision based on the written submissions, though upon the request of either party, a parenting coordinator may hold a call or Zoom. Many parenting coordinators will provide a proposed recommendation to the parties before they issue their final recommendation, to give the parties the opportunity to provide feedback or reach an agreement.
Once the parenting coordinator issues a final recommendation, either party may appeal to the court within five days for the court to hold a record hearing, after which the Judge will decide whether to approve or modify the recommendation. The deadline is tight, which is consistent with the purpose of parenting coordination, which is to provide efficient resolution to coparenting disputes. If neither party appeals, the recommendation typically becomes final and binding.
Who pays for parenting coordination?
The order appointing the parenting coordinator will specify the parties’ respective percentage share of the expense of the parenting coordinator. However, the parenting coordinator is authorized to reapportion that expense if, for example “one party has caused a disproportionate need for the services of the parenting coordinator.” Pa.R.Civ.P. 1915.11-1(h)(1)(ii).
