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Parenting Coordination:
Help for High-Conflict Families
Elayne E. Greenberg and Marvin Aronson
11-16-2006
Parenting coordination, commonly referred to as "PC," is
increasingly being used by child-focused judges and client-centered
attorneys who are committed to offering high-conflict families more
responsive solutions to resolve chronic familial issues.
Since the New York Appellate Division Second Department
in Zafran, 306 AD2d 468,761 NYS2d.317, N.Y. Slip Op. 15608 (2nd
Dept., 2003), affirmed that judges are permitted to appoint parenting
coordinators to help parents who are otherwise unable to implement
court-ordered parenting plans, PC has gained popularity.
Zafran's mandate has sparked experimentation with
parenting coordinators in some jurisdictions and has affirmed the existing
practice in those jurisdictions where parenting coordinators are already
being used. Further buoyed by the recent Matrimonial Commission
recommendation that parenting coordination be considered for appropriate
high-conflict parents who are unable to comply with court-ordered custody
and visitation orders,1 the bench and bar are eager for more
information about parenting coordination.
In our zeal to use parenting coordination, caution must
be taken to ensure its efficacy. This article answers commonly asked
questions about parenting coordination and offers guidance about how to
responsibly and effectively integrate parenting coordination into your case
management.
Parenting Coordination
Parenting coordination is a child-focused alternative
dispute resolution process for parents who, unable to implement their
parenting plans because of their ongoing conflict, habitually enlist the
court to re-define parenting orders and to make day-to-day parenting
decisions. Parenting coordinators attempt to teach people how to function
independently of the court to resolve conflicts and comply with parenting
plans.
The goal of parenting coordination is to reduce familial
conflict and chronic litigation by increasing parenting skills and
developing viable parenting relationships. Through their work with a
parenting coordinator, parents become less reliant on the court to be
arbiters of their family conflict and, instead, become more competent to
constructively resolve their familial conflicts in a more appropriate
manner. The principal guiding the use of parenting coordination is to
anticipate conflicts and address problems before they have an opportunity to
adversely impact family stability and the well-being of the children.
Caveat! Parenting coordination is a distinct dispute
resolution role. It is not therapy, nor a forensic evaluation, nor the
practice of law and does not take the place of those services. It is a
serious breach of ethical practice to ask a parenting coordinator who may
have experience in these other areas to offer therapy or conduct an
evaluation on the same case they were appointed to serve as a parenting
coordinator. However, if the family needs other services beyond parenting
coordination, the parenting coordinator can help coordinate the delivery of
those services.
Parenting Coordinators' Methods
Parenting coordinators help families resolve conflicts by
educating parents about parenting, assisting parents to resolve parenting
conflicts themselves and, if parents are still unable to agree, making
parenting decisions for them. The parenting coordinator will only help make
those parenting decisions that both the court and the parents agree upon.
When appropriate, the PC encourages parents to seek appropriate expert
consultations to provide them with any additional objective information they
may need to make a parenting decision in their child's best interest. In
their role as neutral facilitators, parenting coordinators model appropriate
strategies that promote healthy parenting. In addition, parenting
coordinators teach the parents the requisite skills to think constructively
about their children's needs and the requisite dispute resolution skills to
develop alternative parenting behaviors that promote stability. It is
anticipated that parents who work with a parenting coordinator learn over
time how to resolve predictable conflicts, because they have developed the
appropriate skill set for autonomous use.
As parents develop skills, some are likely to communicate
more effectively. Other parents who are unable to work together may still
learn to disengage from their interpersonal conflict while maintaining
meaningful and responsible relationships with their children. It is
essential to remember that the use of a parenting coordinator cannot always
eliminate dysfunctional problems, but can control the long-term negative
effects of these behaviors.
Who Are PCs?
Parenting coordinators are mental health professionals,
attorneys or dispute resolution professionals who are also specially trained
in parenting coordination. In order to ensure the consistent and beneficial
use of parenting coordination, it is imperative that judges and attorneys
use parenting coordinators who have the requisite skill training and
knowledge about standards of practice for parenting coordinators.2
Some Examples
Parenting coordinators address only those parenting
conflicts that they were appointed to address. They may help parents with
such parenting issues as scheduling, communicating, accessing parenting
information, coordinating parenting efforts and making parenting decisions
outlined in their court-ordered parenting plan. Parenting coordinators also
assist parents in formatting minor adjustments to parenting plans that are
responsive to the emerging and changing patterns of their children's
development.
Types of Decisions
Parenting coordinators may not make determinations that
substantially alter the rights of parents such as custody determinations,
relocation orders, modifications that substantially alter existing access,
child support and religion. Moreover, parenting coordinators may not make
decisions that are beyond their scope of authority as delineated in their
court order of appointment or as agreed upon in the stipulation of the
parties. If issues arise, outside the scope of authority delineated in the
order or stipulation, but still within the sphere of permissible delegation
of authority, an amended document is needed, granting authority of the
parent coordinator to assist with the issues.
Cases That May Benefit
Parenting coordination may be a beneficial proactive
intervention in both pre- and post-judgment cases where transitioning
families require help implementing court-ordered parenting plans and
transitioning from an intact family to a newly structured family. Clearly,
parenting coordination is appropriate for post-judgment high-conflict
families where there are clearly defined custody and visitation orders in
place. In such cases, the PC can serve as the neutral individual assisting
the family in interpreting the parenting plan and reducing predictable
conflict.
However, early intervention appointments during
prejudgment phases may also be beneficial for several different family
conflicts. First, it may serve a preventive value in providing the necessary
skills earlier, fostering increased stability for the parents and children.
For example, families in which the parents have a history of making
parenting decisions together, but who are now unable to parent together
because of the conflict of litigation, may benefit from a parenting
coordinator. A second group of families who might benefit from the
appointment of a parenting coordinator during the prejudgment phase are
families with psychiatric conditions or substance abuse problems. As a
neutrally trained specialist, the PC can establish a system for monitoring
compliance with medical treatments, monitor substance abuse screenings and
report to the court any unsafe conditions that would potentially negatively
impact the welfare and safety of the children. A third group of families
that might be helped with the appointment of a parenting coordinator are
those with issues of alienation where destructive behaviors inhibit the
ability of the child to sustain relationships with one or both parents. In
order for parenting coordinators to be effective with this subset, the
coordinator needs have the ongoing support of the court, attorneys and
treating therapists working together as a team. An unanswered question is
whether families with domestic violence are appropriate for parenting
coordination. If you are considering such a family for parenting
coordination, it is recommended that there be in place specialized
practices, procedures and training to ensure the safety of the family and
the parenting coordinator.
Good practice dictates that all families that are
referred to parenting coordinators should be screened by the parenting
coordinator for appropriateness and domestic violence.
According to
New York law, what are the
permissible parameters of delegating authority for parenting coordination?
In their role as parens partriae, courts are permitted to
use case managers Zafran v. Zafran 294 AD2d 623 (2nd
Dept 2002)
and parenting coordinators LS v. LF, NYLJ Oct. 6, 2005.
However, courts may not delegate their decision-making authority in custody
and visitation matters to arbitration. In the Matter of Henrietta D. v.
Jack K., 272 AD2d 995 (4th
Dept 2000), Harris v.
Iannaccone, 107 AD2d 429 (1st Dept 1985). Thus, courts may use parenting
coordinators to help implement parenting orders, but may not use parenting
coordinators to make decisions that substantially alter the rights of either
parent.
History
In June 2003, Anthony F. Marano, then Supervising Judge
for Matrimonial Parts in Nassau County, in collaboration with Robert A.
Ross, then a Judge in the Nassau Supreme Court Matrimonial Part, and in
cooperation with Ruth C. Balkin, then Supervising Judge of Family Court in
Nassau County, spearheaded CAPP, a state of the art pilot parenting
coordination project in New York State. CAPP, an acronym for Court-Assisted
Parenting Program, was the first project of its kind in
New York
State.
Referrals
Parenting coordinators may be court-ordered and/or
stipulated to by both parties.3 Alternatively, parties may
consent on their own to parenting coordination without the involvement of
the court.
Given the options, it is preferable for families to agree
by stipulation and have it so ordered by the court, because parties are not
only voluntarily opting to participate, but are also benefiting from the
support of the court.4 Under this option, judges or attorneys may
offer appropriate families the choice to be assigned a parenting
coordinator. If they agree to do so, the parties will sign a stipulation and
the judge will issue an order that defines the purpose and limits of
authority for the parenting coordinator assigned to that family. The
parenting coordinator's authority emanates from the court order. Parents
retain their due process rights, and may appeal parenting coordinator's
decision within the designated time.
The judicial order plays a critical role in defining and
supporting the parenting coordination process. A court order for parenting
coordination should include:
" the rationale for referring the parties to parent
coordination;
" the name and contact information of the parenting
coordinator selected;
" the term of the parenting coordinator's service;
" the fees and allocation of fee responsibility;
" the issues subject to parenting coordination;
" parents' and attorney obligations to participate;
" role of the parenting coordinator;
" parameters of confidentiality;
" waiver of liability; and
" grievance procedures.
In their eagerness to begin the parenting coordination
process quickly, some judges and attorneys have opted to bypass the order
and make the referral to an individual parenting coordinator. However,
experience has shown this may be a mistake. Judicial orders help avoid such
undermining of the parenting coordination process by delineating clear
boundaries and procedures within which the parents, parenting coordinators,
judges and attorneys should proceed, especially when the process is
challenged.
Level of Confidentiality
The rationale for maintaining confidentiality is akin to
the rationale for preserving the time-honored confidentiality surrounding
settlement conferences: the value of promoting candor in settlement
discussions outweighs the court's need for that information. Of course, the
exceptions to confidentiality are safety issues such as domestic violence,
notice of a crime to hurt a third person, compliance with a court order to
participate and required consultation with support professionals (teachers,
treating therapists) who may be working with the family.
However, some judges, especially in prejudgment cases,
prefer to have the parenting coordination nonconfidential, reasoning that
they need the information from the parenting coordinator to help them make
informed decisions. This practice is problematic. Instead, judges should be
appointing forensic evaluators with all the due process protections for
those times they need information about the family. Second, using parenting
coordinators for multiple purposes is wrought with potential ethical and
legal conflicts.
Judge: Ensuring Efficacy
As the judge, you play a critical role in ensuring party
compliance with the parenting coordination process by:
" Selecting appropriate families.
" Including a comprehensive judicial order when
appointing a Parenting Coordinator.
" Supporting and reinforcing the role of the parenting
coordinator when the parenting coordinator requests the court's assistance
when parties fail to comply.
" Re-directing the parties and their attorneys back to
the parenting coordinator when they go back to court to address a parenting
issue that is within the parenting coordinator's scope of authority.
Attorneys: Helping in Decision
As the attorney, you play a critical role in the
parenting coordination process:
" Educate your client about the process and how it works.
Approach the other parent and his (her) attorney about the possibility of
using a parenting coordinator.
" Convene the team of professionals working with the
family, including the judge, to ensure everyone is on board.
" Select a parenting coordinator that both parents are
comfortable with.
" Work with the court to create a court order that
reflects a parenting coordination process that is tailored to address your
client's particular parenting issues, confidentiality concerns, suitable
duration of parenting coordinator's appointment, and a reasonable allocation
of costs.
" Review all forms that the parenting coordinator may ask
you and your client to sign beforehand.
" Support your client in following through on the
parenting coordination process.
" Maintain communication with the parenting coordinator
to forestall court intervention. Alert the parenting coordinator about any
ongoing or unavoidable new court activity that might impact on your client's
work with the parenting coordinator.
Conclusion
Parenting coordination offers a responsive option to the
challenging demands of high conflict families. Yet, parenting coordination
is a management tool, not a panacea, that should be used discriminately. In
order to promote parenting coordination's maximum efficacy, judges and
attorneys must proceed judiciously, selecting appropriate families, drafting
comprehensive court orders and using parenting coordination for what it was
designed to do -- helping parents implement court-ordered parenting plans.
Then, judges, attorneys and parenting coordinators collaborating as a team
can help transition conflicted families to a healthier parenting
relationship for themselves and their children.
Elayne E. Greenberg, a private practitioner, is
co-chair and founding board member of the Parenting Coordination Association
of
New York.
Marvin Aronson
is in private practice and a
founding board member of the group.
Endnotes:
1. Miller, Honorable Sondra, "Matrimonial Commission:
Report to the Chief Judge of the State of
New York," XIV February 2006.
2. In May, 2005. the Task Force on Parenting Coordination
promulgated its Model Standards of Practice for Parenting Coordination (can
be accessed at
www.affcnet.org). The Parenting Coordination Association of New York (PCANY)
has adapted those national standards and modified them to define appropriate
standards for
New York parenting
coordinators. (can be accessed at
www.nypcgrup.org or call 646-827-2183)
3. At this time,
New York does not yet have a
court rule or statute authorizing the appointment of a parenting
coordinator. However, the Matrimonial Commission has recommended a draft ADR
rule to be included in PART 202 of the Uniform Civil Rules for the Supreme
Court and County Court that would include parenting coordination "where
either party has not complied with a court order or parenting agreement
involving custody or visitation." (Appendix F (m)(3) of the Matrimonial
Commission)
4. The support of the court is critical to sustaining the
parenting coordination process and keeping it from unraveling, especially
during those times when one parent does not agree with a parenting
coordinator's decision. Without a court order in place detailing rules and
obligations of parenting coordinator, there is greater likelihood that
parents wouldn't comply and the process will unravel the first time a
parenting coordinator renders an unfavorable decision against one parent.
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