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3/2/2018 1 Recent Developments in Parenting Coordination 3/2/2018 Recent Developments in Parenting Coordination Chief Magistrate Serpil Ergun John J. Ready, Esq. Jonetta Kapusta-Dorogi, Esq. Misuse of Court by “High Conflict” Parents • Overburdens courts: 10% of cases take 90% of the time and resources • Court process exacerbates parental conflict • Exposure to parental conflict harms children: “children are caught in the middle” Parenting Coordination as a Solution • Child focused ADR process in which a mental health or legal professional with mediation training and experience assists high conflict parents to implement their parenting plan by facilitating the resolutions of disputes in a timely manner, educating parents about children's needs, and with prior approval of the parents and/or the court, making decisions with the scope of the court order or appointment contract. 1 3/2/2018 Value of Parenting Coordination • Prompt resolutions • Private • Economical • Constructive • Preserves court resources for more serious cases • Efficient PC Effective in Reducing Litigation Key Findings • PC resolves disputes and prevents parental conflict from escalating but does not necessarily improve the co-parenting relationship • Parents want an alternative to the traditional adjudicatory process • There are barriers to the success of the PC process • Courts should support ways to get help to parents who need help with disputes that are outside the traditional court process • Court oversight is needed to support the legitimacy and success of parenting coordination 2 3/2/2018 Who is This For? • 8% to 12% of divorcing parents continue in chronic high conflict post- divorce and frequent post-decree litigation (Maccoby and Mnooken- Dividing the Child, University Press, 1992); Joan B. Kelly - Adjustment in Conflicted Marriage and Divorce, ______ Journal of American Academy of Child and Adolescent Psychiatry, 963 [2000]. • Definition of a high conflict family: • The use of disproportionate amount of the Court’s time and resources • The parents have depleted their own economic reserves • The parents have reinforced their negative views of each other as enemies Why Parenting Coordination? • Court attempt to delegate limited areas of authority to attorneys and mental health professionals to settle disputes in an immediate, non-adversarial, court-sanctioned forum (with or without the consent of the parents). • Parent coordination combines assessment, case management, mediation, and arbitration functions. (Recognized in the Superintendence Rules of the Ohio Supreme Court). • Parenting coordination is particularly useful in resolving difficult issues such as parental alienation (Matthew Sullivan, Joan B. Kelly – Legal and Psychological Management Cases With An Alienated Child, 39 Family Court Review, 299 (2001) • Parent coordination is useful in monitoring and modifying the behavior of parents with plans that need to evolve over time (young children) What Kind of Outcomes can be Expected? • The majority of parents working with a Parent Coordinator report being satisfied with the experience, and report decreased conflict with the other parent (Mark Vick and Robert Backerman, 1996 survey presented to the Boulder, Colorado Inter-Disciplinary Committee on Child Custody) • Parent Coordination offers reinforcement of the parallel parenting model (low engagement, low conflict) • HOW? 3 3/2/2018 How Does the PC Process Succeed in Helping High Conflict Families? • Parent Coordination offers increased structure – Parent Coordinator becomes the linkage for successful implementation of shared parenting plan for high conflict parents • Parents learn more functional dispute resolution strategies and conflict management that does not occur through repeated trips to Court • Success depends upon parents having access to a stable, knowledgeable, readily accessible professional to resolve day to day disputes specified in Court order • “Death by a thousand cuts” no longer available for harassing, annoying, frustrating, alienating, the other parent. Parent Coordination vs. Parent Coaching – Understand the Differences • Parent Coordination is not parent coaching. • Parent coaching is family therapy designed to correct or modify behaviors within the family dynamic. There are overlapping techniques and similar goals like improved communication, but parent coaching does not contain the conflict resolution and decision making functions contemplated by parent coordination, as reflected in the Rule. Coaching goes on, but it is not therapy. • Rules of Superintendence 90-90.12 What are Best Practices for Attorneys? • Make sure you have a comprehensive order covering all of areas of authority for which your client will call upon the Parent Coordinator. • Contact the Parent Coordinator in advance of the appointment to see if he/she is going to accept assignment, and what they need to get started. • Make sure that parties make arrangements to see the Parent Coordinator within 30 days of the journalization of any order appointing the Parenting Coordinator. 4 3/2/2018 What are Best Practices for Attorneys? • Cooperate with Parent Coordinator’s efforts to gather information when called upon. If the court orders a case management or compliance hearing following the appointment of a PC, follow through with the client to make sure they have taken the necessary steps to engage and on- board the PC. • When a decision, or two, or three, goes against your client, call the Parent Coordinator to discuss it before filing any motion to remove the Parent Coordinator. What are Best Practices for Attorneys? • Encourage your clients to pay the current invoices of the Parent Coordinator. • Do not expect the Parent Coordinator to accomplish fundamental changes to the parenting plan more properly brought before the Court. • Help explain the role of Parent Coordinator, the benefits, and what is in it for the client. Conversely, explain to the client the alternative to not cooperating with the efforts of the PC. What is the Role of the Bench? • Is the court “dumping” a case or appointing a PC because it values the services of the PC that are provided to the family? • Does the court understand the differences between Parenting Coordination and Parent Coaching? • How can we tell if the Court is kicking a can down the road? • The quality of the order. 5 3/2/2018 What is the Role of the Bench? • Detail versus the limitations of the order. • Enforcement of the provisions in the order. • Compliance provisions. • Whether the Court takes time to engage the parents and explain their responsibilities in the PC process and the benefits of cooperating with the PC. • Enforcement. What are Best Practices for Parent Coordinators? 1. Obtain Court Order or Stipulated Agreement. 2. Review scope of authority provided to PC in the Court Order. • Know Your Role! 3. Schedule a joint phone conference with parties’ attorneys to learn about the parties and the case. 4. Obtain Parenting Plan and other relevant documents. 5. Forward parties DV Screening and PC interview form. What are Best Practices for Parent Coordinators? 6. Obtain an executed Firm Retainer Agreement from each party. • Familiarize parties with your firm’s billing and policies 7. Schedule a joint meeting with parties within 30 days of appointment. 8. Initial meeting with parties shall be limited to review PC process. 9. Review Court Order with parties, appointing you as PC. 10.Obtain releases to obtain confidential information, if needed. 6 3/2/2018 What are Best Practices for Parent Coordinators? 11.PC may elect to schedule a one-on-one with each party prior to engaging in substantive issues. 12.Substantive issues to be scheduled for future meeting. 13.Provide specific agenda at least 24 hours prior to each meeting. 14.Meetings shall not exceed 2 hours. 15.Review communication tools being used by parties • Recommend tools such as enrolling in Our Family Wizard (OFW) • GAL provided access to OFW account What are Best Practices for Parent Coordinators? 16.Learn about parties’ and families’ ongoing therapeutic relationships • You may need to recommend therapeutic counselors and high conflict communication coaches to work with family members 17.Introduce problem solving model 1. Identify Issue THE GOAL IS TO 2. Gather all relevant information WORK YOURSELF OUT OF A 3. Brainstorm options; rinse and repeat JOB! 4. Evaluate options 5. Encourage parties to find a mutually agreeable solution; Shift from Win-Lose to WIN-WIN! What are Best Practices for Parent Coordinators? 18.Know and Understand a True Emergency • Set necessary boundaries 19.Recognize genuine impasse • The point at which PC MUST render a decision 20.Decisions MUST be made in WRITING and rendered timely! 21.Decisions from the parent coordinator shall be filed with the Court and served on the parties, and their respective counsel 7 3/2/2018 What are Best Practices for Parent Coordinators? 22.Understand that you cannot correct every character flaw, psychological wound, and/or personality disorder. 23.Remember your role as PC is to: • Monitor compliance with details of Parenting Plan/Court Order. • Implement safe and workable Parenting Plan. • Raise parents’ skill level in communication, cooperative and/or parallel parenting. • Help resolve issues in a timely manner. • Refocus parents on needs of their children. Contact Information Serpil Ergun Chief Magistrate Cuyahoga County Domestic Relations Court 1 W Lakeside Ave Cleveland, OH 44113 216.443.8800 Contact Information Jonetta J. Kapusta-Dorogi, Esq. Attorney Jonetta J. Kapusta-Dorogi, LLC 653 W Lakeside Ave,
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