________________
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:
- 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).
- 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.
- 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.
- In the event of an unresolved parenting conflict, either party
may contact the Parenting Coordinator and the Parenting Coordinator may:
- Educate the parties on communication skills, principles of child
development, litigation impact on children and the parties, and other issues
relevant to the parties' controversy and the child's(children's) needs;
- Facilitate the execution of the existing child custody and parenting
time agreement;
- Maintain communication among the parties by serving, if necessary as a
conduit of information.
- Recommend how a particular element or elements of the existing parenting
plan or parenting schedule should he implemented, including without
limitation the frequency and length of visitation, temporary changes in the
parenting schedule, holiday or vacation planning, logistics of pick up and
drop off, suitability of accommodation, and issues dealing with stepparents
and significant others;
- Propose clear and detailed plans which reallocate parenting time to the
parties as a means of reducing conflict, but without significantly reducing
actual net parenting time;
- Notify and remind the parties that the Parenting Coordinator is not the
ally of either party, but a neutral professional whose role is to actively
and specifically focus on helping parents work together for the benefit of
the children
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;
- This Parenting Coordinators may consult with professionals, family
members and others who have information about the parents or children, such
as law guardians, therapists, custody evaluators, school teachers, doctors,
etc. To this end, the parties agree to execute any written authorization
requested by the Parent Coordinator which may be deemed necessary by the
Parenting Coordinator to access such information;
- This Parenting Coordinator may determine the protocol and time of all
interviews and sessions including but not limited to, the discretion to
determine who attends such meetings and whether a child or children should
attend with the parents or parent;
- This Parenting Coordinator may interview the children privately in order
to ascertain their needs as to the issues in controversy;
- This Parenting Coordinator may ensure that both parents maintain ongoing
relationships with the children so long as it is safe to do so; and
- This Parenting Coordinator may provide both parents with a written
summary of the parenting coordinator's recommendations;
- If parents are still unable to reach an agreement about how to
facilitate the implementation of their court—ordered parenting plan after
the Parenting
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.
- The decision of the Parenting Coordinator will remain in effect until
otherwise changed.
- The parties retain their right to return to Court and seek a
modification of their parenting plan at any time.
- 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.
- 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
- Following through on child's parenting time including scheduling, pick
up and drop offs, responsibility for transportation, etc.
- Scheduling extracurricular activities.
- Sharing vacations and holidays including notifying the other parent,
scheduling, communicating with child (ren) when child (ren) is with the
other parent.
- Resolving scheduling conflicts.
- Other_____________________________________________
II. Communication
- Sharing parenting information.
- Communicating with child (ren) when child (ren) is with other
parent.
- Communicating with third persons about the child (ren) i.e. teachers,
doctors, babysitter.
- Other:
III. Parenting Role, Responsibilities and
Decision-making a. Selecting and scheduling of extra-curricular activities.
- Managing conflicting parenting values i.e. education, discipline, health
and medical care, money.
- Following through on parental decision-making as detailed in
court-ordered parenting plan.
- Following through on parenting decisions made.
- Other:
IV. Other Parenting Issues:
Appointments and Communications:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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:
- A person with a grievance shall discuss the matter with the Parenting
Coordinator in person before pursuing it in any other manner.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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: