In high-conflict separations or divorces, parenting issues may
arise with greater frequencies that continue to bring parents back
to Court for resolution. This strategy is both untimely and
expensive. An alternate strategy to manage such disputes as they
arise is through the use of a Parenting Coordinator.
A Parenting Coordinator is a neutral person to whom parents can
turn when in dispute on matters relating to the children. Parents
may access the service of a Parenting Coordinator in a more timely
fashion and costs are almost always less than going to Court.
The role of the Parenting Coordinator is to help parents come to
a successful resolution between themselves.
However, the Parenting Coordinator may also be empowered by the
parents or by Court Order, to make recommendations binding on the
parents in the event they are unable to agree on solutions. If
either parent feels there is sufficient reason to challenge the
recommendations of the Parenting Coordinator, they still have
recourse to the Courts, but may be subject to costs if the Courts
support the recommendations of the Parenting Coordinator.
The Parenting Coordinator cannot change the Order of a Court, but
may assist the parents in implementing strategies, consistent with
Court Orders.
With regard to costs associated with the Parenting Coordinator
service, parents typically divide these equally unless there is a
prior agreement to do otherwise or unless there is an Order of the
Court specifying how costs are to be distributed between the
parties. The parents, lawyers or Courts should determine the matter
of distribution of costs, prior to referral. It is not appropriate
for the intended Parenting Coordinator to act as broker or
negotiator with respect to distribution of costs because as of yet,
they have no knowledge of the case and issues therein.
Typically to commence service, the Parenting Coordinator must
become acquainted with the parents, the children, the history of the
parental conflict, and matters of current concern. While the actual
process is at the discretion of the Parenting Coordinator or service
agency, the process is likely to include a review of prior reports
and/or Court documents, individual meetings with parents, meetings
with the children and then joint meetings with the parents unless
this is contra-indicated as in cases of domestic violence.
Once the Parenting Coordinator is familiar with the parents,
children and issues, the Parenting Coordinator may then set out an
agreement and any stipulations for the provision of service.
Assuming agreement between the parents and the Parenting Coordinator
to work together, then they may begin to address actual issues at
hand. In so doing, the Parenting Coordinator is usually empowered to
obtain any other information deemed necessary to help resolve
matters. Generally speaking, children are excused from further
meetings, unless at the discretion of the Parenting Coordinator
their participation is required.
If you are running back to Court on issue after issue, consider
the service of a Parenting Coordinator. You will likely experience
more timely service, lower costs and generally greater control of
the outcome as negotiated settlements are encouraged first.
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Gary Direnfeld, MSW, RSW
(905) 628-4847 gary@yoursocialworker.com www.yoursocialworker.com
Gary Direnfeld is a social worker. Courts in Ontario, Canada,
consider him an expert on child development, parent-child relations,
marital and family therapy, custody and access recommendations,
social work and an expert for the purpose of giving a critique on a
Section 112 (social work) report.
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The following articles can give you more insight on the issues
that you will face as you approach a divorce involving children.