The Parenting Coordinator Role

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The Parenting Coordinator Role

• Robin M. Deutsch, Ph.D.
• Children and the Law Program
• Massachusetts General Hospital

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The Parenting Coordinator

• Court ordered neutral to assist the parties to
• Implement safe and workable parenting plan
• Monitor compliance with details of plan
• Resolve conflicts in timely manner
• Protect and sustain safe, healthy and meaningful
  parent-child relationships
• May be necessary when parental communication is
  conflictual or ineffective, or to promote safety
  of vulnerable parties, including children and
  parents.

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Call for a new role in the ADR spectrum

• Intensive case management
• Small group of chronic high conflict custody
  situations (10)
• Court delegated authority
• Immediate resolution of disputes
• Non-adversarial forum

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The tragic legacy of the Litigation Context

• Litigants dont make good coparents
• Representation - advocacy
• Distrust
• Sabotage
• Win/lose
• Chaos
• Unilateral action
• In the name of the child
• Focus on the problem being the other parent
  -adversaries
• Depleted resources - financial,emotional
• Matt Sullivan, 2007

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Range of disputes resolved

• Detailed Court order contains areas of decision
  making
• The PC shall not make any decision which alters
  award of legal or physical custody

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Call for a new role

• Colorado lawyers and mental health professionals
  (1992)
• Northern California model derived from mediation
  and special master statutes (Marin County)

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AFCC takes the lead for interdisciplinary role

• 2001 interdisciplinary Task Force on Parenting
  Coordination
• Described manner in which jurisdictions in US
  have used PC
• April 2003 report Parenting Coordination
  Implementation Issues, Family Court Review, 41
• 2003 Task Force reconstituted
• Review of best practices in US and Canada led to
• Model Standards for Parenting Coordination
• May 2005 Guidelines approved by AFCC Board

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Objectives of a PC model

• Reduce conflict between parents
• Reduce chronic litigation (preserve family
  resources)
• Raise parents skill level in collaborative or
  parallel planning and decision making for their
  children
• Assist parents to co-parent in a way that
  promotes well being of the children
• Maintain, modify, mediate viable parenting plans

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How ??

• Intensive case management
• Court delegated authority
• Immediate resolution of disputes
• Non-adversarial forum

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When should a PC be appointed?

• Ongoing disagreements between the parents about
  implementation of parenting plan
• Parties agree to decision maker outside of the
  Court to reduce cost and burden of continued
  litigation
• Some states if history of extreme or
  unremitting conflict that affects welfare of the
  children, court can appoint without parties
  agreement

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Does Parenting Coordination Work?

• T. Johnston, 1994 Santa Clara County
• 166 cases with 933 court appearances
• Following the appointment of a PC, court
  appearances for the 166 cases reduced to 37
• Vick and Backerman (1996) client satisfaction
  and self reported decreased conflict
• APA Parenting Coordination Program Argosy
  University/Washington DC (2007)

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Parent Coordinators by another name

• Special Master
• Wiseperson
• Ongoing GAL
• Med-arbitrator
• Parenting Referee
• Family Court Advisor

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Statutory Authority

• Statutes in Minnesota, Oklahoma, Idaho Oregon,
  Colorado, Texas, North Carolina, Louisiana.
• Authorized through related statute in Arizona,
  California, Georgia, Kansas, New Mexico, Ohio,
  Wisconsin
• States with Non-Statutory Programs Florida,
  Kentucky, Massachusetts, New Jersey, Vermont

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Role Definition

• PC is NOT
• Therapist
• Advocate for one party
• Coach
• Parent Educator
• Counsel
• Mediator
• Custody Evaluator
• Judge

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Distinct Role of Parenting Coordinator

• Hybrid role help implement, modify, mediate
  parenting plans
• Assess impasses to coparenting
• Educate about child development, communication,
  conflict resolution
• Mediate disputes
• Arbitrate

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Functions of the PC Assessment

• Assessment
• Review of custody evaluation
• Review other evaluations/reports/records
• Review court orders, domestic violence protection
  orders and other applicable cases involving
  criminal assault, dv, child abuse
• Interview data leading to Parenting strengths and
  weaknesses (patterns of behavior, communication),
  Coparenting Skills, Childrens functioning and
  needs over time
• Impasses and issues presented by parties

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Functions of the PC Education

• Education (and coaching)
• Child Development and Adolescent needs
• Short term and long-term needs of the children
  and divorce research
• Effects of their behavior and conflict on
  children
• Parenting skills
• Communication skills
• Conflict resolution skills and collaboration
  strategies
• Perspective taking
• Family Issues (new transitions, relationships)

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Functions of the PC Coordination/Case Management

• Coordination/Case Management
• Communication with family members including
  extended family, stepparents, and significant
  other caretakers
• Communication with schools
• Communication with therapists
• Communication with physicians
• Communication with child protection agency
• Communication with legal professionals

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Functions of the PC Intervention and Conflict
Management

• Assist parties to work out disagreements
  regarding the children to minimize conflict
• Assist in interpreting and implementing
  court-ordered parenting plan
• Utilize Dispute Resolution skills Negotiation,
  mediation, arbitration
• Facilitate communication between parties as
  appropriate (monitor fax, email, written
  exchanges)
• Techniques tailored to avoid offering opportunity
  for further coercion

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Functions of the PC Decision-making

• When parents cannot resolve disputes, PC makes
  decisions to extent described in court order
• If statute allows, may provide report or
  recommendations to court
• All decisions made in timely manner and oral
  decisions followed up by written version

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Scope of Issues to be addressed by PC

• Minor changes or clarification of parenting
  time/access schedules or conditions including
  vacation, holidays, and temporary variation from
  existing parenting plan
• Transitions/ exchanges of the children including
  date, time, place, and transportation and
  transporter
• Health care management including medical, dental,
  orthodontic, and vision care.
• Child-rearing issues
• Psychotherapy or other mental health care
  including substance abuse assessment or
  counseling for the children

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• Psychological testing or other assessment of the
  children and parents
• Education or daycare including school choice,
  tutoring, summer school, participation in special
  education programs, other major educational
  decisions
• Enrichment and extracurricular activities
  including camps, teams and jobs
• Religious observances and education
• Childrens travel and passport arrangements
• Personal possessions of children, including
  clothing and equipment

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• Communication between the parents about the
  children including telephone, fax, email, notes
  in backpacks etc.
• Communication by a parent with children including
  telephone, cell phone, pager, fax and e-mail when
  not in that parents care
• Alteration of appearance of the children
  including haircuts, ear and body piercing, and
  tattoos
• Role of and contact with significant others and
  extended families
• Substance abuse assessment or testing for either
  or both parents or child, including access to
  results
• Parenting classes for either or both parents.

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Issues not appropriate for Parenting Coordination

• Determination or change in status of physical or
  legal custody award
• Custody evaluation
• Legal advice
• Family, couple, individual, child psychotherapy
• Consultation to a family member

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Inappropriate Cases

• Non-compliance
• Cases of sole legal custody (physical and legal)
  where normalization of contact not an option
• Incompetence due to mental illness
• Incarceration
• Ongoing maltreatment concerns

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Implementation of PC role

• Order of the court which has jurisdiction over
  the case
• Local rule
• Order of state Supreme Court Chief Justice
  applied to entire state court circuits or
  counties
• State legislature passes law authorizing
  appointment
• Kirkland, 2007

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Legal authority components of statue, order or
local pattern

• Define parenting coordinator
• Basis of authority
• Scope of authority
• Qualifications
• Consent vs. non-consent of parties
• Confidentiality
• Term of service
• Removal/resignation

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• Domestic violence screening
• Fee arrangements
• Quasi-judicial immunity
• Grievance procedures
• Continuing jurisdiction
• Bartlett, 2005 Kirkland, 2007

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Substance abuse issues arise

• Concern about effects of substance abuse on
  parenting capacities.
• Effect of substance abuse on lifestyle, child
  care and the parent-child relationship.
• Referral for assessment of patterns of use and
  risk to child.
• High rate of substance abuse in restraining order
  violators (1995 Massachusetts Office of the
  Commissioner of Probation)

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Domestic Violence Screening (separate interviews)

• Fear of violence or violence between parties
• Other forms of abusive and controlling behavior
• Consider risk to children
• A B Cs
• Attitudes toward use of violence, abuse and
  control
• Behaviors or threats of behaviors that are
  violent, abusive and controlling
• Consequences of violent, abusive and controlling
  behaviors or threats

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Assessment

• Dangerousness/lethality indicators
• Level of psychological/economic coercion
• Mental health problems
• Drug or alcohol use problem?
• Day-to day decisions
• Style of fighting when you disagree
• Anger management
• Police? Protective order?

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Effect of domestic violence on parents involved
in PC process

• Increased risk of depression and post traumatic
  stress disorder in victims of DV
• Affects parenting
• Affects trust, willingness to comply with
  process, willingness to disclose concerns
• Use of poor coping resources in alleged
  perpetrator, e.g. rationalize behavior, minimize,
  deny, neutralize behavior
• Affects ability to engage in PC process

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LEGAL AND ETHICAL ISSUES IN PARENTING
COORDINATIONChristie Coates, J.D.
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PARENTS RIGHTS

• Most basic and fundamental of rights
• Guaranteed and protected by the US Constitution
• Other countries . . .

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• PARENTS HAVE A FUNDAMENTAL RIGHT TO MAKE
  DECISIONS ABOUT THEIR CHILDREN WITHOUT THE
  INTRUSION OF THE STATE
• (SEE TROXELL V. GRANVILLE)

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• PRIVACY
• Zone of privacy exists in marital
  relationship.
• Individual right of privacy

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• PARENTS MUST CONSENT TO GIVE UP THEIR AUTHORITY
  TO MAKE DECISIONS TO THIRD PARTIES (OTHER THAN TO
  THE STATUTORY AUTHORITY OF THE COURT)
• Informed consent necessary.
• Except in Oklahoma, Court cannot order
  decision-making by PC without agreement of the
  parties.

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DUE PROCESS

• RIGHT TO BE HEARD
• RIGHT TO HAVE NOTICE
• PROCESS MUST BE FAIR!

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COURTS ROLE

• Parens Patriae Doctrine
• Court retains authority and responsibility to
  review decisions/work of the PC

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Key Ethical Issues

• Are You Acting As A Licensed Professional?
• Acting for Court or On Own?
• Informed Consent
• Are You Subject to Psychotherapist Law?
• Application of Ethics Codes

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Be Aware of

• Multiple roles
• Informed consent
• Confidentiality
• Ex parte communication
• Bias
• Record keeping
• Fees

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Standards of Practice

• AFCC Guidelines for Parenting Coordination
  (afccnet.org)
• Standards of profession of origin still apply,
  but may conflict
• Insurance
• Grievance process

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Sources of Guidance

• Professional Ethical Standards and Codes,
  including, but not limited to
• 2003 Revision of the APA Code
• Rules of Professional Responsibility for
  Lawyers,
• Social Work, LMFT, etc.

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Sources of Guidance

• Review your profession of origins code for
  requirements regarding
• Competence
• Bases for Scientific/Professional Judgments
• Multiple Relationships
• Conflict of Interest
• Third Party Requests for Services
• Informed Consent

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Sources of Guidance

• Note If Acting In Role of Psychologist
• 6.01 of APA Seems To Require Records Be Created
  of Professional Activity
• 9.01 Bases for Assessment May Not Apply
  Directly if Parenting Coordination Does not
  Involve Assessment, But It Is Unclear
• Section 10 Standards Applying to Therapy Will Not
  Be Applicable To Role of Parenting Coordinator
• R. Deutsch, Ph.D.

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Sources of Guidance

• Professional Ethical Standards and Codes,
  including the 2003 Revision of the APA Code
• Psychological Services Delivered To Or
  Through Organizations
• Discussing the Limits of Confidentiality
• Documentation of Professional and Scientific
  Work and Maintenance of Records
• Fees and Financial Arrangements
• Bases for Assessments
• R. Deutsch, Ph.D.

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Acting As Licensed Professional?

• This Ethics Code applies only to psychologists
  activities that are part of their scientific,
  educational, or professional roles as
  psychologists. (APA Ethics Code, 2003)

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Acting As Licensed Professional?

• Areas covered include but are not limited to the
  clinical, counseling, and school practice of
  psychology research teaching public service
  policy development social intervention
  development of assessment instruments
  educational counseling organizational
  consulting forensic activities program design
  and evaluation and administration. . . .These
  activities shall be distinguished from the purely
  private conduct of psychologists. . . .

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Acting As Licensed Professional?

• If Acting as Parenting Coordinator Is
  Professional Activity Within Scope Of Licensure,
  Then Legal and Ethical Duties That Arise from
  Licensure Will Attach.
• Key Point Process of Informed Consent For
  Provision of Services Is Crucial, Especially When
  Important Ethical Questions Remain Ambiguous

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Acting As Licensed Professional?

• Pragmatically You Do Not Want To Be The Test
  Case in your state. Presume That Relevant Legal
  and Ethical Standards Apply To Activities As a
  Parenting Coordinator
• Is There Any Good Reason To Not Adhere To
  Relevant Ethics Codes In Role of Parenting
  Coordinator To Guide Good Practice?

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Confidentiality

• No traditional confidentiality as in mediation,
  law or psychotherapy
• Written reports to the court?
• Arbitration Awards?
• Testifying?

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(G-V.) Confidentiality

• Not a confidential process
• PC shall report child abuse or if a family member
  a serious risk to harm him/herself, another
  family member or third party.

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Confidentiality Issues

• Exceptions To Confidentiality For Professional
  Interactions With a Licensed MHP Include
• Client Consent for Disclosure
• Emergency Disclosures
• Duty To Warn/Protect Third Parties
• Mandated Reporting (Children, Elders, Etc.)
• Contemplation or Commission of Crime or Harmful
  Act (Social Workers, Allied Health/Human Only)
• Client Failure to Pay for Professional Services

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(G-VIII.) Informed Consent

• Authority and power of PC.
• Review the role with the parents at the first
  session
• Not giving legal advice or psychological services

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Informed Consent

• Clarification of Process of Resolving Disputes
• Disclosing Areas of Parenting Difficulty
• Nature of Any Confidentiality And Any Limits
• Nature of Any Testimonial Privilege and Limits

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Informed Consent In Parenting Coordination

• Reporting of suspected child abuse or neglect
  whether mandatory or voluntary reporter
• Reporting to law enforcement or other authorities
  if PC has reason to believe any family member
  appears to be at serious risk to harm self or
  other.

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PC is not

• Therapist
• Advocate for one party
• Counsel
• Mediator
• Custody Evaluator
• Judge

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MULTIPLE RELATIONSHIPS

• Multiple Relationships vs. Multiple Roles
• PC shall not become a custody evaluator, even
  after term of involvement with family with
  consent of parties, because of differences in
  role and potential impact of role change
• Custody evaluator must be CAUTIOUS about becoming
  PC note differences in role

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• Therapist, consultant, coach may not become the
  PC
• PC may not become therapist, consultant, coach
• PC may not become one clients lawyer
• One clients lawyer may not become the PC

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Challenges of Remaining Impartial and Objective
(J. Kelly)

• The polarized thinking of each parent about the
  other parent can be unsettling.
• Egregious behaviors, ignoring decisions, failing
  to pay fees can make PC angry.
• Some personality disorders turn us off.
• Be aware of own behavior that alert PC to lack of
  impartiality.

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Maintaining Impartiality

• Self awareness
• Act objectively and appear impartial, even if
  dont feel impartial
• Be the childs advocate
• Provide written rationale for decisions
• Respect your clients listen to both sides
• Mediation training and experience
• Consultation group

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Conflicts of Interest

• When relationship between PC and participants or
  subject matter of dispute compromises or appears
  to compromise PCs impartiality
• PC discloses potential conflicts of interest as
  soon as possible after becoming aware of
  potential conflict

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• With written agreement PC can serve, but if
  impartiality impaired, PC shall withdraw
• PC shall not create conflict by providing
  services to parties not directly related to PC
  process
• Use care in making referrals (no commissions,
  rebates)

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Document Your Work

• Take good notes.
• Keep your file organized.
• Document your decisions and their agreements in
  writing
• Establish early on the role of the attorneys.

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Inappropriate Cases

• Non-compliance
• Cases of sole legal custody (physical and legal)
  where normalization of contact not an option
• Incompetence due to mental illness
• Incarceration
• Ongoing maltreatment concerns

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Special needs of pro se or pro per party

• Detailed overview and clarification of PC
  appointment, process, and contract
• If one party has attorney and other is pro se,
  clear expectations about communications with
  attorney are communicated (preferably in writing)
• Purpose is to avoid perception or reality of bias

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Boundary Challenges

• Pull for alignment
• Challenge to authority
• Appeal for reprimand
• Role blur
• Unreasonable demands

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Basic Guiding Principles

• Law of No Surprises For Parents, Court,
  Attorneys or Others Involved in Your Activities
• Clarity About Role, Client, Understanding of Your
  Legal and Ethical Obligations
• Informed Consent As A Process (Not A Moment) That
  Is Crucial, Detailed and Ongoing
• Use Of Appropriate Consultation, Reliance Upon
  Codes, Standards, and Best Practices
• From Robert Kinscherff, Ph.D., J.D. 4/03