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Parenting Coordination

prepared by Nancy Johnson B.Sc. LL.B. (lawyer and family mediator)

A Parenting Coordinator fulfils a mediation/arbitration role for parents who have reached a final agreement regarding parenting (or have a final court order), but are still experiencing significant ongoing parental conflict, and find the need to return to court frequently to interpret and implement their Separation or Parenting Agreement or Court Order (the "parenting plan").

Parenting Coordination has emerged from the pioneering work done by a group of psychologists and senior family law lawyers in California. These individuals (who were called "Special Masters") were appointed by judges to monitor and implement their orders. Their role was to address the smaller day-to-day conflicts of parental disputes, so such disputes did not fester and/or sabotage the broader objectives of the parenting plan.

The Parenting Coordination dispute resolution model is child focussed and the overall goal is not just decision-making, but attempting to reduce the conflict between the parents and/or minimize the children's exposure to high conflict and unproductive dispute resolution behaviours.

The Parenting Coordinator is a neutral third party, and is not the lawyer or the counsellor for either of the parents. The Parenting Coordinator meets with the parents (in person or by phone) without their lawyers present. None of the discussions that the parents or third parties have with the Parenting Coordinator are privileged or confidential.

To carry out this role, a Parenting Coordinator may:

  1. meet with the parents jointly or individually, and/or with the children when the Parenting Coordinator decides it is appropriate;
  2. consult with third parties, including the parents' lawyers, family members, third party caregivers, school personnel, therapists and healthcare professionals and other parenting coordinators; and
  3. refer the parents to appropriate resources;
  4. coach the parents about communication with each other and with the children, so that the parents can resolve the issue by agreement, with the long term goal of helping the parents to resolve future issues on their own (the "consensus-building role");
  5. if agreement cannot be reached, resolve the issue by way of an arbitrated decision (the "arbitration role" or the "decision making role"). The parenting coordinator may make decisions to resolve an issue if:
    • an agreement cannot be reached regarding the issue in question;
    • one of the parents chooses not to participate in the mediation process; or
    • time constraints make it impossible to reach an agreement.

The following specific issues are excluded from the Parenting Coordinator's decision making authority:

  • changes to the usual parenting time (residential) schedule that substantially reduce or substantially expand the children's time with one or both of the parents and/or impact the quantum of child support;
  • a change in the geographic residence of the children; and
  • a change in legal custody (i.e., the decision-making authority previously outlined in the parenting plan).

The Parenting Coordinator's decision in the arbitration process is binding upon the parents, pursuant to the provisions of the Commercial Arbitration Act and subject to review by the Supreme Court.

In performance of her role, a Parenting Coordinator can provide any of the following services:

  1. help with the implementation, maintenance and monitoring of the minutes of settlement, parenting plan, court order, separation agreement, and/or arbitrated decisions concerning the children (collectively, "the parenting plan");
  2. settle anticipated or actual conflicts in the children's scheduling;
  3. clarify and resolve different interpretations of the parenting plan, and develop clauses to address situations that were not anticipated;
  4. monitor the children's adjustment to the parenting plan;
  5. help facilitate the children's relationship with each of the parents;
  6. help the parents communicate more effectively;
  7. help with the exchange of information about the children (i.e., health, welfare, education and religion) and their routines;
  8. 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 the parents;
  9. resolve conflicts about the children's participation in extra-curricular activities and programs;
  10. assist in developing rules for the movement of clothing, equipment, toys and personal possessions between households;
  11. help in planning the children's travel arrangements;
  12. 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
  13. such other matters that the Parenting Coordinator considers appropriate.

There are several advantages to working with a Parenting Coordinator. Firstly, you can save time and money because you do not have to prepare extensive court materials, or wait for a court date. You can simply contact your Parenting Coordinator and explain the problem, and she will undertake the above noted interventions in a timely fashion.

Secondly, you maintain continuity with one mediator/arbitrator. Therefore, the participants do not need to "re-explain" the situation to a different mediator, judge or decision maker each time a dispute arises. This can be especially important if the children are young, and therefore, there will be a need to frequently revisit and modify the parenting plan as the children grow and parenting skills develop.

Thirdly, Parenting Coordinators are, generally speaking, very experienced practitioners in the field of conflict resolution specifically in the family context. As a result, you do not end up with a former personal injury law lawyer (or any other type of lawyer, apart from a family law lawyer) who is now a judge and is deciding your parenting issues.

Nancy Johnson (Lawyer and Family Mediator) of Doak Shirreff LLP received parenting coordination training in 2007 and 2008. She also has extensive training in interest based negotiation, mediation and collaborative family law. She is also trained to prepare "Views of the Child" or "Hear the Child" Reports. Nancy had the great fortune of participating in the family law mediation practicum pilot project in 2005. During the practicum, Nancy conducted a number of mediations in a mentored or "co-mediation" context which allowed her to receive valuable feedback to enhance her skills.

If you have any further questions about parenting coordination, or would like more information about Nancy's other services, please do not hesitate to contact her.

Nancy Johnson
Lawyer and Family Mediator
direct line: (250)979-2553
assistant's direct line: (250)979-2555 (Vanessa Lucas)

DOAK SHIRREFF LLP LAWYERS
200-537 Leon Avenue
Kelowna, British Columbia
Canada V1Y 2A9
Telephone: (250) 763-4323
Fax: (250) 763-4780
Web: www.doakshirreff.com