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Parenting Coordination

 

 
Parenting Coordination:
 
Parenting Coordination is a child-focused dispute resolution process for separated families and is designed to deal with many of the day-to-day difficulties that separated and divorced parents encounter in trying to parent their children.  Parenting Coordination is a process that gives parents access to a neutral decision-maker who can resolve day-to-day conflicts about parenting, with the goal of minimizing further conflict and further appearances in court.  Parents who are referred to this program are considered “high conflict” individuals.  This is not in any way meant to apply blame but rather is based on the couples’ history of not being able to agree about what is best for their children.  It does not deal with the major issues such as custody, mobility and other such major issues. 
 
The parents and the parenting coordinator enter into an agreement for a determined period of time at the end of which the parents can decide to terminate the services of the parenting coordinator or contract for further services as needed.  Our fees for Parenting Coordination services are usually shared equally by the parents.  A retainer from each parent is deposited and is then “drawn upon” as required.  It should be noted that the decisions of the parenting coordinator are considered binding on the parties.  Typically, the Court does not rule against any such decisions and the parents are fully aware of that prior to signing the agreement. 
 
A one-hour meeting is held with each parent prior to any agreement being signed to ensure that the parenting coordinator has a good understanding of the difficulties from each parent’s perspective and to answer any questions that the parents may have.  Depending on the age of the children, it is sometimes helpful to have an interview with one or more of the children to obtain their views about the situation.  A sample of the Parenting Coordinator Agreement is attached below.
 

PARENTING COORDINATION AGREEMENT

 

 

BETWEEN:

 

____________________________and __________________________.

 

“Parents”

 

AND:   
                 __________________________________________

 

 

      “the Parenting Coordinator”

 

 

1.         PREAMBLE AND PRINCIPLES

 

1.1       Children are most likely to achieve their potential if parental conflict is minimized.

 

1.2              It is in the best interests of families to resolve parental conflict outside of court if possible.

 

2.         APPOINTMENT OF PARENTING COORDINATOR

 

2.1       ____________________ is appointed as Parenting Coordinator by consent order of the court or by your agreement.

 

2.2       This agreement governs the working relationship between the parents/parties and the Parenting Coordinator.

 

2.3       Subject to this agreement, the Parenting Coordinator is appointed for a term of _______months.

 

2.4       Each of the parents/parties will advise the Parenting Coordinator and the other parent at least two months before expiry of the Parenting ordinator’s term whether you want to renew the Parenting Coordinator’s appointment.  

 

2.5       Neither of the parents/parties may unilaterally terminate the Parenting Coordinator’s appointment.  If the Parenting Coordinator was appointed by agreement and both of you want to terminate the appointment, you may do so by giving written notice to the Parenting Coordinator.  This must be done with thirty (30) days notice of the actual termination date.  If the Parenting Coordinator was appointed by a consent Court Order, then termination must be by Court Order and the termination date will be determined by that Order.

 

2.6       If the Parenting Coordinator wants to withdraw during his or her term of appointment, the Parenting Coordinator shall, where possible, give 30 days’ notice in writing.

 

3.         ROLE AND FUNCTION OF THE PARENTING COORDINATOR

 

3.1       The Parenting Coordinator is a neutral third party and is not a lawyer or psychologist/counselor for either of you.

 

3.2       The Parenting Coordinator will help you to resolve issues in a way that helps to promote the best interests of the children and minimizes parental conflict.

 

3.3       To carry out this role, the Parenting Coordinator may:

 

            a.         meet with you jointly or individually, and/or with your children when your Parenting Coordinator decides it is appropriate;

 

            b.         the timing, frequency and duration of meetings will be determined by the Parenting Coordinator;

 

            c.         coach you about communication with each other and the children so you can resolve issues by agreement, with the long term goal of helping you to resolve future issues on your own (“the consensus-building role”);

 

            d.         refer you to appropriate resources;

 

            e.         consult with third parties including other parenting coordinators, professionals or individuals with information relevant to the situation; and

 

            f.          if agreement cannot be reached, resolve issues by way or arbitration (“the arbitration role”).

 

4.         SERVICES PERFORMED BY THE PARENTING COORDINATOR

 

4.1       In performance of this role, the Parenting Coordinator can provide any of the following services:

 

      a.         help with the implementation, maintenance and monitoring of the Minutes/Parenting Plan/Court Order/Separation Agreement /arbitrated decisions (collectively, the “Parenting Plan”);

 

            b.         mediate anticipated or actual conflicts in the children’s scheduling;

 

            c.         clarify and resolve different interpretations of the Parenting Plan, and develop clauses to address situations that were not anticipated;

 

            d.         monitor the children’s adjustment to the Parenting Plan;

 

            e.         help to facilitate the children’s relationship with each of you as appropriate;

 

            f.          help you communicate more effectively;

 

            g.         help with the exchange of information about the children (i.e., health, welfare, education and religion) and their routines;

 

            h.         make decisions about temporary changes to the access provisions of the Parenting Plan, to accommodate holidays, special events and other circumstances for the children and / or you;

 

            i.          resolve conflicts about the children’s participation in extra-curricular activities and programs;

 

            j.          mediate the movement of clothing, equipment, toys and personal possessions between households;

 

            k.         mediate the children’s travel arrangements;

 

            l.          resolve conflicts concerning day-to-day health care and education matters, passports, activities, religious education and events that are not otherwise addressed in the Parenting Plan; and

 

            m.        such other matters that the Parenting Coordinator considers appropriate.

 

5.         CONSENSUS-BUILDING

 

5.1       If any of the issues described above arise that you cannot resolve, either or both of you shall advise the Parenting Coordinator and the Parenting Coordinator will consult and / or meet with you to try to resolve the issue by agreement.  The timing, frequency, location and format of meetings; and consultations and who will be involved in such meetings and consultations will be determined by the Parenting Coordinator.

 

5.2       The Parenting Coordinator may meet or consult with the children with you or without you being present.

 

5.3       The Parenting Coordinator may consult and meet with, or obtain information from third parties, including your lawyers, family members, third party caregivers, school personnel, therapists, health care professionals or anyone else who may be helpful in the situation.

 

5.4       There will be no confidentiality regarding information obtained by and statements made to the Parenting Coordinator by you or by third parties, except that if the Parenting Coordinator thinks that the information received by the Parenting Coordinator from the children or their therapists may be harmful to the children’s relationship with either of you or the therapist, the Parenting Coordinator may withhold such information.  If either of you want to review such information, you may apply to court for an Order that the information be released.  If an agreement is reached through either mediation or arbitration, the Parenting Coordinator will confirm it in writing. 

 

5.5       If the Parenting Coordinator considers it appropriate, he or she will prepare a formal agreement for your signatures.  

 

6.         ARBITRATION

 

6.1       The Parenting Coordinator may resolve an issue by arbitration if:

 

            a.         an agreement cannot be reached regarding the issue in question;

 

            b.         one of you chooses not to participate in the mediation process;

 

            c.         time constraints make it impossible to reach an agreement.

 

6.2       The Parenting Coordinator’s decision in arbitration is binding upon you, but is subject to review by the Provincial or Supreme Court.

 

6.3       The Parenting Coordinator will determine the time, place and process of the arbitration role.

 

6.4       In reaching a decision, the Parenting Coordinator may rely on information obtained during the consensus-building phase and other sources of information.

 

6.5              The Parenting Coordinator will deliver a written decision (“Arbitrated Decision”), setting out the basis for decision, as soon as possible.  
 
            7.         RIGHT OF APPEAL
 
7.1       You may appeal an Arbitrated Decision pursuant to the provisions of the Commercial Arbitration Act.

 

8.         OBLIGATIONS OF PARENTS

 
8.1             You agree: 

 

            a.         to comply with and be bound by terms of this agreement.

 

            b.         to co-operate with the Parenting Coordinator, and to take part in the Parenting Coordinator process.

 

            c.         to promptly supply all information, records and documents that the Parenting Coordinator requests.

 

            d.         to sign release forms authorizing the Parenting Coordinator to contact and obtain information from third parties, including your lawyers, family members, third party care givers, school personnel, therapists and health care professionals, and to authorize third parties to release information and copies of documents to the Parenting Coordinator.  

 

9.         PARENTING COORDINATOR’ S DUTY TO REPORT

 

9.1       The Parenting Coordinator has a duty to report to appropriate authorities reasonable suspicion of possible harm to or abuse of children.

 

9.2       The Parenting Coordinator is required by law to disclose information received as a result of his or her role as Parenting Coordinator if he/she has reasonable grounds to believe that the disclosure is necessary to prevent a crime involving death or serious bodily harm to any person.

 

10.       PARENTING COORDINATOR’S FEES AND DISBURSEMENTS

 

10.1     The Parenting Coordinator’s hourly rate is $ 275.00 per hour.

 

10.2     You shall share the Parenting Coordinator’s fees equally, except as provided in paragraph 10.3.

 

10.3     The Parenting Coordinator has discretion to allocate fees and disbursements unequally between you if the Parenting Coordinator considers that fair.  An example of this would be if one parent/party began to use a disproportionate amount of the Parenting Coordinator’s time for phone calls, meetings, reviews of materials, etc.  The Parenting Coordinator will give prior notice of that possibility and inform the parent/party of that decision in writing if it occurs and copy the other parent/party. 

 

10.4     Fees will be charged for all work performed on your behalf pursuant to the terms of this Agreement, including telephone calls, correspondence, meetings with you, the children and third parties, document review, preparation of agreements or Arbitrated Decisions.

 

10.5     You will be charged for disbursements incurred by the Parenting Coordinator in connection with work performed pursuant to terms of this Agreement, including long distance telephone charges and conference calls, mileage, parking, other travel expenses, photocopying, courier charges, postage, and taxes on fees and disbursements.

 

10.6     Before the Parenting Coordinator starts work on your behalf:

 

            a.         Each of you will provide the Parenting Coordinator with $500.00 to be held in trust (the “Deposit”) for the purpose of securing fees.  The Parenting Coordinator will return the Deposit, or any unused portion of the Deposit, to you when the Parenting Coordinator ceases to act and when all of the Parenting Coordinator’s accounts for fees and disbursements have been paid.

 

            b.         Each of you will provide the Parenting Coordinator with $2,000.00 to be held in trust for payment of accounts (the “Retainer”).  The Parenting Coordinator will pay accounts from the Retainer and you will replenish the Retainer upon notice from the Parenting Coordinator that the amount has decreased below $1,000.00.  If either of you do not pay the Retainer when requested, the Parenting Coordinator will not perform further services until the Retainer is paid, and may cease to act as Parenting Coordinator.  The Parenting Coordinator will return any unused portion of the Retainer to you when the Parenting Coordinator ceases to act and when all of his/her accounts for fees and disbursements have been paid.

 

10.7     The Parenting Coordinator will issue regular statements to each of you, setting out the services performed and dates and times of when such services were provided and the hourly rate applied, as well as itemization of disbursements incurred, and applicable taxes.

 

10.8     If either of you fails to provide 24 hours’ notice of cancellation of an appointment with a Parenting Coordinator, at the discretion of the Parenting Coordinator, his/her fees and disbursements for the cancelled appointment may be assessed against the party who cancels.

 

11.       WAIVER OF PARENTING COORDINATOR’S LIABILITY

 

11.1     You waive all claims or rights of action against the Parenting Coordinator regarding good faith actions taken by the Parenting Coordinator in the performance of services pursuant to terms of this Agreement.

 

12.       INDEPENDENT LEGAL ADVICE

 

12.1     You have each been advised to obtain Independent Legal Advice before signing this contract or you understand your right to obtain Legal Advice prior to signing and you have done so or you have waived your right to do so.

 

ACCEPTED AND AGREED to this _______ day ________________, 2010.

 

 

SIGNED, SEALED AND DELIVERED)

BY______________________________)

in the presence of                                       )

                                                                                     )

_______________________ _________)      ______________________________

Signature                                                   )                  PARENT

                                                                                     )

________________________________ )

Address                                                    )

                                                                 )

________________________________ )

Occupation                                                )

 

 

SIGNED, SEALED AND DELIVERED)

BY______________________________)

in the presence of                                       )

                                                                                        )

________________________________ )      ______________________________

Signature                                                   )                  PARENT

                                                                                     )

________________________________ )

Address                                                    )

                                                                 )

________________________________ )

Occupation

 

SIGNED, SEALED AND DELIVERED)

BY______________________________)

in the presence of                                       )

                                                                 )

________________________________ )      ______________________________

Signature                                                   )          PARENTING COORDINATOR

                                                                 )

________________________________ )

Address                                                    )

                                                                 )

________________________________ )

Occupation