When divorced parents in Massachusetts have issues related to decisions involving their children, the parents can employ the use of a parenting coordinator.[1] A parenting coordinator is a neutral court-appointed party who helps divorced parents to resolve disagreements about their children outside of the court process. This solution also allows parents to avoid having to attend several court appearances. A parenting coordinator may be appointed to divorce cases.
When is a parenting coordinator used?
A parenting coordinator may be used in any action in which the custody or parenting of a child or children is or was at issue. The coordinator may be used if the parties agree to it. However, if the parties do not agree to the use of a parenting coordinator, the court may still appoint one. The court may appoint one if doing so is in the best interests of the child or children, and the parties have either failed to implement a parenting plan or the parent conflict is at such a level as to be detrimental to the child or children involved in the parenting plan.
Thus, the role of a parenting coordinator is quite expansive. Depending upon the needs of the parents and children and the court’s orders, a parenting coordinator can serve the following roles: decision-maker, initiator of communication, facilitator of court orders, problem solver, and manager in charge of structuring parental roles.
The specific permitted duties of all parenting coordinators are as follows[2]:
- Assist the parties to resolve disputes and reach agreements about the implementation and compliance with the court’s order regarding child or child care, including, but not limited to, the following possible issues:
- changes or clarifications of the parenting plan;
- exchanges of the child or children and means of transportation;
- education or daycare including school choice, tutoring, summer school, before and after school care, participation in testing, programs, or other educational decisions;
- enrichment and extracurricular activities including camps and jobs;
- the child or children’s travel and passport arrangements;
- clothing, equipment, and personal possessions of the child or children;
- means of communication by a party with the child or children when they are not in that party’s care;
- role of and contact with significant others and extended families;
- psychotherapy or other mental health care including substance abuse or mental health assessment or counseling for the child or children;
- psychology testing or other assessments of the children; and
- religious observances and education.
- Educate the parties about making and implementing decisions that are in the best interests of the child or children;
- Assist the parties in developing guidelines for appropriate communication between them;
- Suggest resources to assist the parties; and
- Assist the parties in identifying and addressing patterns of behavior and in developing parenting strategies to manage and reduce opportunities for conflict in order to reduce the impact of any conflict upon their child or children.
What they can and cannot do:
Parenting coordinators must inform the parties that any agreement between the parties is not enforceable if the agreement changes the existing order or judgment without approval by the court. Parenting coordinators may not: (a) communicate with the court or any court personnel regarding the substance of the action; (b) testify in the action as an expert witness; (c) facilitate an agreement between the parties that would change legal custody or physical custody or parenting plan that would change the child support; (d) offer legal advice, representation, therapy, or counseling; (e) delegate any portion of the parenting coordination process to anyone; and (f) make binding decisions for the parties without the parties’ express written agreement that is incorporated into an order or judgment.
Parenting coordinators may produce documents or testify in the action as a fact witness. They may also file a motion or complaint to request an immediate hearing if the party or child is in imminent physical or emotional danger.
Contact us:
Issues regarding separation, divorce, child support, children, and parenting coordinators are certainly quite complex. Are you looking for an experienced Newburyport or Andover divorce lawyer or family law attorney? If you have any questions about these issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete our contact form online. Our knowledgeable Massachusetts lawyers will get back to you at our earliest opportunity.
[1] Probate and Family Court Standing Order 1-17: Parenting Coordination; SJC Rule 1:18
[2] Id.