Raymond J. Havlicek, PhD
Psychologist
Clinical & Forensic Psychology
Diplomate in Clinical Psychology
American Board of Professional Psychology
Fellow, American Academy of Clinical Psychology
220 South Service Road, Suite 23
Roslyn Heights, NY 11577

and

30 Cayuga Way

Lake Placid, NY 12946

516-484-5388 (V)

518-441-9426 (V)

516-776-9275 (Fax)

Date: ________________

RE: _________________

Parenting Coordination Retainer Agreement

Definition of Parenting Coordination: Parenting coordination is a child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists conflicting parents implement their ordered or so-ordered parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children's needs, and with prior approval of the parties and/or the court, making decisions within the scope of the court order or appointment contract. Parenting coordinators also provide pre-judgment services to assist parties resolve outstanding issues and implement a parenting plan, through parent education and mediation.

The overall objective of parenting coordination is to assist parents implement their ordered or so-ordered parenting plan, to ensure compliance with the details of the plan, to resolve conflicts regarding their children and the parenting plan, in a timely manner, and to protect and sustain safe, healthy and meaningful parent-child relationships. Parenting Coordination is not psychotherapy.

Parenting Coordination Agreement

We, _______________ and_________________ have entered into an agreement with ________________________(Parenting Coordinator's name) to serve as a Parenting Coordinator for us and our child(ren). This agreement shall serve as a binding contract.

 

Roles of the Parenting Coordinator and Parents:

  1. The primary role of the Parenting Coordinator as defined in the Consent Order is to assist parties to implement their court ordered (and/or agreed upon) parenting plan in a manner that serves the best interests of their child(ren) and minimizes familial conflict that could potentially harm child(ren).
  2. We intend to resolve our parenting issues ourselves whenever possible. If our parenting issues cannot be resolved between us, then one or both parents may request the assistance of the Parenting Coordinator.
  1. The Parenting Coordinator may assess the situation, gather necessary information and educate us as necessary about child development and communication. The Parenting Coordinator may also assist us to negotiate an agreement ourselves. If we are still unable to resolve our parenting issue, we understand that the Parenting Coordinator may decide the issue for us.
  2. In the event of an unresolved parenting conflict, either party may contact the Parenting Coordinator and the Parenting Coordinator may:

Parenting Coordinators may when appropriate refer parents to an appropriate parent education course, PEACE program, anger management courses, domestic violence intervention program or any other therapeutic program;

Coordinator has provided parents with relevant parenting information, tried to help them resolve the disagreement themselves, and offered suggestions, then this Parenting Coordinator may resolve any issue within the scope of my authority and reduce that decision to a written description. Upon consent of the parties, the Parenting Coordinator will submit the agreement to the Court to be so-ordered.

  1. The role of Parenting Coordinator is a distinct role which draws upon the skill of many professions. Even though your Parenting Coordinator is a licensed psychologist in New York State, this Parenting Coordinator will be functioning solely as your Parenting Coordinator, not as your or your family's psychologist or therapist. The Parenting Coordinator will not be providing treatment for you or any member of your family. A Parenting Coordinator is not a substitute for having independent counseling or independent mental health counseling. In the event a mental health crisis affects you or any member of your family, you should immediately contact your mental health provider for consultation and treatment, and in the event there is no treating mental health provider you or the member of your family in crisis should go to or be taken to the nearest emergency room.
  2. In order to facilitate the implementation of the court-ordered parenting plan, this Parenting Coordinator is appointed to assist the parties to resolve their conflicts in the following areas:

I. Scheduling

  1. Following through on child's parenting time including scheduling, pick up and drop offs, responsibility for transportation, etc.
  2. Scheduling extracurricular activities.
  3. Sharing vacations and holidays including notifying the other parent, scheduling, communicating with child (ren) when child (ren) is with the other parent.
  4. Resolving scheduling conflicts.
  5. Other_____________________________________________

II. Communication

  1. Sharing parenting information.
  2. Communicating with child (ren) when child (ren) is with other parent.
  3. Communicating with third persons about the child (ren) i.e. teachers, doctors, babysitter.
  4. Other:

III. Parenting Role, Responsibilities and Decision-making a. Selecting and scheduling of extra-curricular activities.

  1. Managing conflicting parenting values i.e. education, discipline, health and medical care, money.
  2. Following through on parental decision-making as detailed in court-ordered parenting plan.
  3. Following through on parenting decisions made.
  4. Other:

IV. Other Parenting Issues:

Appointments and Communications:

  1. Each parent shall make a good faith effort to be available for appointments when requested by the Parenting Coordinator. Each parent shall attend, or shall notify the Parenting Coordinator upon receipt of the meeting notice, of any scheduling difficulties. It is the responsibility of each parent to contact the Parenting Coordinator to schedule, and arrange times for meetings, and also attend appointments when scheduled by the Parenting Coordinator.
  2. The Parenting Coordinator may meet with the parties and the children jointly or separately. The Parenting Coordinator shall determine whether appointments will be joint, separate, by telephone, or in person. Either parent may contact the Parenting Coordinator if meeting in the same room with the other parent would be uncomfortable. The Parenting Coordinator has the discretion to decide if subsequent meetings will be held together or separately.
  3. Assistance provided by the Parenting Coordinator is not intended to be a "crisis service." The Parenting Coordinator should not be contacted outside of normal working hours as defined in the Parenting Coordination Agreement.
  4. The parents, their attorneys and/or the law guardian, if any, may communicate with the Parenting Coordinator ex parte (without the other parent present). This applies to oral communications and any written documentation or communication submitted to the Parenting Coordinator.
  5. This Parenting Coordinator may communicate ex parte with the parents. Their attorneys or the law guardian, and other professionals involved in the case. This applies to both written and oral communications. This Parenting Coordinator may talk with the law guardian or each parent without the presence of either counsel.
  6. In specific circumstances, the Parenting Coordinator may request and notify the parties and/or their attorneys that communications with the Parenting Coordinator not be ex-parte.
  7. This Parenting Coordinator will not communicate with the judge assigned to the case and/or any member of the Judge's staff except to notify the Court that I am not available to provide the services contemplated by the parties, which notification shall be made on notice to both parties.
  8. The parties and/or their attorneys shall cooperate with this Parenting Coordinator and agree to follow the terms specified in the Consent Order. The parties shall further cooperate with the Parenting Coordinator by providing any documents, papers or information requested, including the execution of releases and/or authorizations permitting the Parenting Coordinator to speak with, or receive information from, any mental health professionals, social service workers or agencies, physicians, schools or other facilities or individuals who may have

information regarding the parties or their child(ren).

7. Confidentiality:

  1. Communications between the parents and the Parenting Coordinator are confidential. However, the Parenting Coordinator may communicate with law guardians, custody evaluators, screeners, assessors, any mental health professionals, social service workers or agencies, physicians, schools or other facilities or individuals who may have information regarding the parties or their child(ren). The parties authorize and direct this Parenting Coordinator to use at this Parenting Coordinator's discretion information learned while working with the parties during such communications.
  2. This Parenting Coordinator is required by law to report suspected child and domestic abuse, and threats of abuse against another person. In such cases, the Parenting Coordinator and legal counsel (or the parents themselves if not represented) shall address any safety concerns to the Court.

8. Waiver of Liability:

a. The parties and their attorneys agree that this Parenting Coordinator shall be immune from suit by any of the parties, attorneys or other participants in this case, because of or based upon the Parenting Coordinator's activities as such in this matter. This Parenting Coordinator shall not be liable to the parties or counsel for any acts or omissions in his or her deliberations and recommendations. The parties and counsel agree that this Parenting Coordinator shall not be subject to subpoena for trial, deposition, or other purpose. The recommendations made by the Parenting Coordinator are made to help the parties settle their custody and parenting disputes. Accordingly, anything said by the attorneys, Parenting Coordinator, law guardians or parties in and during the course of the Parenting Coordinator's services is confidential and may not be used for trial, deposition or any other purpose.

9. Grievance Procedures:

Any grievance from either parent regarding the performance or actions of the Parenting Coordinator shall be dealt with in the following manner:

  1. A person with a grievance shall discuss the matter with the Parenting Coordinator in person before pursuing it in any other manner.
  2. If, after discussing with the Parenting Coordinator, the parent decides to pursue a complaint, the parent must then submit a written letter detailing the complaint to the Parenting Coordinator, to the other parent, and any attorneys representing the parents and or children. The Parenting Coordinator shall provide a written response to the parents and attorneys within thirty (30) days.
  3. The Parenting Coordinator will then meet with the complaining parent and his or her attorney (if any), to discuss the matter. As noted above, the Parenting Coordinator retains the right to withdraw or decline service for any reason upon written notification to all parties.
  1. If the Parenting Coordinator does not make notification that he or she will be resigning, and the complaint remains unresolved after the above referenced meeting, the complaining party may file a motion with the Court for removal of the Parenting Coordinator. The motion shall proceed and be determined by the Court on the written documents submitted by both parents and the Parenting Coordinator and without appearances absent Court order.

10. Fees and Compensation:

  1. This Parenting Coordinator shall be compensated by the parties as provided for in the original order for Parenting Coordination (PC). The responsible party or parties will provide Dr. Havlicek with a $2500 retainer at the inception of PC services, against which all PC related services will be billed at the rate of $250 per hour, or at an equivalent prorated rate for time expenditures of less than one hour, i.e., 0.50 or (1/2) hr., $125; 0.25 or (1/4) hr, $62.50; or at a minimum 0.083hr (5mins), $20.75.
  2. The retainer will be replenished in the amount of $2500 each time the retainer deposit is within $500 of being depleted. Additional requested $2500 retainer fees will be paid within 5 business days of notification for requested additional retainer replenishment. The responsible party or parties will be responsible for any unpaid services. Parenting Coordination Services will stop if requested retainer fees are not paid within 5 business days of notification.
  3. The Parenting Coordinator shall send the parties invoices as frequently as he or she believes necessary, or upon request. The invoices shall include a statement detailing the time and nature of the services provided. The parties agree to send an email request for an invoice to Dr. Havlicek. Dr. Havlicek's email address is RHavlicek@aol.com. Invoices will be sent to the parties' email addresses.

I have read the above contract pages, and have had the opportunity to discuss it with my attorney if I so wished. I enter into this contract with the full understanding that if we cannot resolve parenting conflicts between ourselves, the Parenting Coordinator will have the right to make parenting decisions if and as specified in the Court Order. If I disagree with any of the decisions or wish to revoke this contract, I understand that I retain the right to return to court at any time. However, the decisions of the Parenting Coordinator will remain in effect until otherwise changed. Please sign and date this contract and return it to Dr. Havlicek by fax (516-776-9275), or by US Mail (Dr. Havlicek 30 Cayuga Way, Lake Placid, NY 12946) or in person.

 

Date: Parent:

Date: Parent:

Date: Parenting Coordinator: