Child custody cases can be some of the most emotionally charged types of cases in family law. If a custody case is litigated instead of resolved outside of court, it is because there is a fundamental disagreement between the parties about what is best for their child. This disagreement may have to do with the physical custodial schedule – that is, what time the child will spend with each parent – or may have to do with the decisions that the parents need to make together – such as medical decisions or decisions about school. If a case involves the level of conflict that necessarily puts the parties in front of a Judge to make the decisions, then it’s not unlikely that that level of conflict will continue after the Judge has issued a ruling and after the parties have a custody order in-hand. No matter how well drafted a custody order is, there is no way that it can anticipate or resolve in advance issues that will come up over the months and years that it will be in operation. And, even if somehow the order could manage to anticipate every possible issue that might arise, there is still a good possibility that, at some point, one party will fail to abide by the terms of that order and problems will arise.
Recognizing that high-conflict custody cases continue to be high-conflict cases even after orders are entered, the General Assembly enacted statutes to allow for the appointment of a parenting coordinator. These statutes allow the trial court to appoint a parenting coordinator as a part of any order in a custody case – including a contempt order. A parenting coordinator may be appointed with or without the consent of the parties. If the appointment is not done by consent, before the trial court may make the appointment, the court must find that the case is a high-conflict case, that the appointment of a parenting coordinator is in the best interests of the child, and that the parties can afford to pay the cost of the parenting coordinator. Once appointed, the parenting coordinator has several jobs. The parenting coordinator works with the parties to help them communicate better, assists them in discussing issues that arise, and mediates disputes in an attempt to help the parties reach a decision together. If, however, even with this assistance the parties cannot make a decision together, the parenting coordinator is authorized to act as a temporary decision maker regarding issues of transition, pick up, and return issues; holiday sharing; methods of pick up and delivery; transportation to and from visitation; participation in child care, daycare, or babysitting; bedtime; diet; clothing; recreation, before and after school activities, and extracurricular activities; discipline; health care management; minor alterations in the schedule; telephone contact; education; use of the child’s passport; and alterations in the child’s appearance. In other words, if the parties cannot agree upon these standard types of decisions, then the neutral parenting coordinator can make the decision.
While some people may not like the idea of having a third party make decisions, the reality is that in high conflict custody cases it is likely that at some point the parties will reach an impasse on making a decision and without having a parenting coordinator in place, the only other option would be for the parties to have their attorneys bring the issue to the court for a decision by the Judge. Having attorneys bring the issue to the Judge for decision is a time-consuming and expensive process because it involves both parties paying their attorneys and everyone waiting maybe months to get onto a trial calendar. In contrast, the parenting coordinator’s hourly rates are usually well lower than the hourly rates of the attorneys involved in the case and the parties split the cost of the parenting coordinator so the cost is much lower than the cost of attorney involvement. Additionally, a parenting coordinator is usually available within hours or days to talk to the parties and bring the issue of dispute to a resolution
If you are involved in a custody case – whether it is a high-conflict case or a case that is not as high-conflict – the attorneys at Collins Family & Elder Law Group can help you.
