Parenting Coordination Central

LEGISLATION & STATUTES

STATE	YEAR	CITATION
Colorado	2005	Colorado Revised Statutes, Title 14, Section 1
Idaho	2002	Title 32 Domestic Relations, Chapter 7 Divorce Actions; 32-717D. Idaho Code:  IRCP Rule 16(/)
Louisiana	2007	Louisiana Revised Statutes 9:358. 1-358.9; 2007, Senate Bill No. 208 Act No. 265
North Carolina	2005	North Carolina General Statutes Section 1. Chapter 50 Article 5 {HB 1221}
Oklahoma	2001	43 O.S. 120.1 et seq.: www.oscn.net see below for an update
Oregon	2002	O.R.S. 107.425(3)
Texas	2005                     2009	PAST: Texas Family Code 153.601-611 Revised 2007 by HB 555 {TFC 153. 601-611, 153.007, 153.133}   CURRENT: House Bill 1012 {TFC 153.601, 153-605, 153-6051, 153.606, 153.6061, 153-607, 153-6071, 153.6081, 153.6082, 153-6083, 153-6091, 153.610,   Two Roles - Parenting Coordinator Parenting Faciliator
STATE	CONFIDENTIAL VERSUS NON-CONFIDENTIAL
Colorado	Records or testimony privileged except by agreement by the parties.
Idaho	Provides minimum of one status report to the court every six months
Louisiana	Distributes reports to the court, parties, and attorneys. Prepares interim and final reports as ordered by court and other reports when necessary.  Shall not be called as a witness without prior court approval based on demonstrated need for testimony and evidence cannot be gathered from other sources.
North Carolina	Reports to court, parties and attorneys if order not in the best interest of the child or PC not qualified for issues. Written summary of each meeting and copies of written communication to parties and attorneys. Records and testimony subpoenaed only by presiding judge. Judge reviews records in camera and decides if records shall be released.
Oklahoma	Files decisions and recommendations within 20 days. Parities can file objection to PC decisions and recommendations with in ten days
Oregon	No Information
Texas	PARENTING COORDINATION = CONFIDENTIAL process. Records and testimony privileged. Can only let court know if the process should continue.   PARENTING FACILITATION = NON-CONFIDENTIAL
STATE	REQUIRMENTS TO ORDER A PC		AUTHORITY OF THE PC
Colorado	Parents who have failed to implement parenting plan.  Mediation is inappropriate or has failed.  Best interest of the child. Consider domestic violence impact on ability to engage in parenting coordination.		Can be combined with appoint of a decision maker by agreement of the parties. Decision maker has binding authority to resolve disputes concerning children, including parenting time, disputed parental disputes and child support consistent  with substantive intent of court order.  Decisions subject to de novo hearing.
Idaho	By agreement or appointment by the court.		No information
Louisiana	Good cause if previous child custody judgment entered other than ex parte order.   Shall appoint with joint motion of the  parties.  Must be able to pay.  Family violence history exclusion. Appointment term for up to one year which  is renewable.		If parties unable to reach agreement, PC may make recommendation in report to the court for resolution of dispute.
North Carolina	By agreement or high conflict with best interest of child.  Must be able to pay.  Selected from list of PCmaintained by court.  Required appointment conferences for parties, attorneys and parenting coordinator.		Limited by agreement if parties consent to appointment. May be authorized to decide parenting plan implementation issues not specifically governed by court order if parties unable to resolve, binding until court reviews.
Oklahoma	By agreement or high conflict with best interest of the child.  Must be able to pay.		May not make decisions on custody, visitation or support.  The decision cannot modify any existing court order.  The decision may not abrogate either parent's custodial or noncustodial rights.
Oregon	No information		No information
Texas	PARENTING COORDINATION:  Court's motion:  High-conflict case or good cause and best interest of child OR agreement of parties.  Family violence exclusion if verified by court hearing.   PARENTING FACILITATION:  Court's motion:  High-conflict case or good cause and best interest of child OR agreement of parties.  Family violence exclusion if verified by court hearing.		PARENTING COORDINATION: Comply with Ethical Guidelines for Mediators adotped by Supreme Court of Texas. Facilitate agreements but no authority authority to modify any order or make binding decisions.  Submit agreements to court for approval.   PARENTING FACILITATION: May not modify any order, judgment or decree. Submit written reports and parties as ordered by Court.  May include recommendations, but not include recommedations reagrding conservatorship of or access to child. May be required to testify.   BOTH: If ordered by Court to settle issues with PC or PF submits a written report

CURRENT UPDATES 

OKLAHOMA

The PC movement in Tulsa went from being one of the birth places to a grave yard.  Court appointments have dropped by at least 75% in the past two years.  The role of the PC has also been modified and reduced to little more than mediation without confidentiality.  Two key factors have contributed to this very sad state of affairs. First, OK went from being the first state to pass a PC statute to being the first state to later determine the statute to be unconstitutional.  As a result, the statute has been amended. Currently, the scope of practice has been limited to rendering only ”minor and temporary" decisions.   Second, divorce court judges typically transfer from the family court system within two to three years of their appointment. 

William B. Berman, Ph.D.

March 2009

ILLINOIS

The domestic relationships of Cook County has recently passed a local rule (13.10) allowing Judges to order parents of high conflict to use parenting coordinators.

Sandra Crawford, Esquire

June 2009

FLORIDA 

The deligent efforts of those committed to parenting coordination in Florida have finally paid off.  An update on the new Florida law will be added as soon as the new law has been put on the books. 

June 2009

NEW HAMPSHIRE AND MASSACHUETS

New Hampshire created House Bill 312 regarding parenting coordination.  Legislation is pending in New Hampshire and Massachuets.  Arizona, California, Kansas, New Mexico and Vermont have related statues or court rules.   NHBAinfo@nhbar.org  or www.nhbar/publications/display-news-issue.asp