By: Tami L. Augen Rhodes
Published: May 2024
Knock, knock…
Who’s there?
Client…
Client who?
Your client calling to say that you need to let the court know the children were brought home ten minutes late; my co-parent did not discuss our child’s soccer game with me; my co-parent gave our child chicken even after I reminded co-parent that our child needs more iron from red meat; my co-parent could not pick up our child even though co-parent knew that I had an important work meeting and I always accommodate co-parent; and so on and so on.
While most stories that start with “knock, knock” are jokes, what I have described is no laughing matter: it is pervasive and harming children. The Journal of Child and Adolescent Trauma teaches, “[p]arental conflicts consistently predict negative outcomes for children.” (V.15(3); Sept. 2022). Why, then, is Parenting Coordination (“PC”)[1] so underutilized?
Family Law practitioners typically consider the one-and-done model of ADR – mediation. When a Family Law case involves highly contested or high conflict children’s issues, often a Guardian Ad Litem or Social Investigation is used in litigation. This author suggests Courts and counsel consider early PC involvement.
Florida Statutes Section 61.125 (2) states, “[t]he purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.”
Unlike most ADR processes, an initial PC appointment can be for up to twenty-four months. The PC can assist parents in learning communication skills for effective co-parenting; in developing a parenting plan; in implementing a parenting plan; in resolving disputes; and more. When the PC is involved early on, the PC can help to educate the parents regarding co-parenting and assist the parents with creating a Parenting Plan. Research shows greater compliance with Parenting Plans created by the parties versus a Court Ordered Parenting Plan. Additionally, the PC can teach skills and put tools in place designed to minimize and effectively address conflict. Moreover, the Court’s Order of Referral to PC can, and should, provide the PC with specific decision-making authority over non-substantive matters. Importantly, the PC should have the ability to assist the family, and the children, in being able to lead a functioning life. When parents need to resort to filing motions and waiting for an evidentiary hearing, a parenting dispute can take approximately three to nine months before there is a Judicial determination. When a PC has non-substantive decision-making abilities, the parents and child(ren) have immediate access to effective ADR, which is child focused, and which enables the child to have immediate decisions to increase normal childhood functioning. By way of example, waiting for a Judicial determination regarding a school field trip puts the child at risk for the trip having come and gone by the time the parents are in front of a Judge as opposed to a PC who utilizes skills to assist the parents in reaching a joint decision and, when there is a stalemate, is able to make a limited decision in a timely manner.
Chief Magistrate Serpil Ergun of the Cuyahoga County Domestic Relations Court in Cleveland, Ohio undertook an extensive study on the effectiveness of PCs. The final report as of May 2016, documents, “[t]here was a significant decrease in the number of motions filed, scheduled court events, and trials in the two years after appointment of a coordinator…. Motions decreased 56%. Court events decreased 58%. Trials decreased 32%. The average number of motions per case declined from 22.87 to 10.06.”
PCs are uniquely qualified to assist the Court: specifically, a PC must be a licensed mental health professional; a physician; a mediator with at least a master’s degree in a mental health field; or a member in good standing of The Florida Bar. Additionally, PCs must have three years of post-licensure/certification practice; be a Florida Supreme Court Certified Mediator; complete a twenty-four-hour PC training; and comply with continuing PC education requirements and reporting. The PC can meet with parents, children, collateral sources, schools, therapists, and others. The PC can also recommend additional services, such as individual therapy for a parent.
Ultimately, PCs help to keep cases from excessive Court usage; teach parents skills to enhance co-parenting; and maintain the focus on the children so they can grow up free from the detrimental effects of toxic parenting and thrive based upon healthy co-parenting.
Tami L. Augen Rhodes has practiced Marital and Family Law for 25 years. She is the Founder and President of the Palm Beach Academy of Collaborative Professionals; a Guardian Ad Litem; a Florida Supreme Court Certified Family Mediator; and a Qualified Parenting Coordinator for. For additional ADR tips and resources, go to www.palmbeachbar.org/alternative-dispute-resolution-committee
[1] PC shall refer to “Parenting Coordinator” or the “Parenting Coordination ADR Process”, based upon context.