Alaska Court System Self-Help

Parenting coordination is a process used when parents continue to disagree about the court-ordered parenting plan. Parenting coordination can be helpful when parents have a history of filing many motions to modify because of continued problems. Instead of coming back to court to file more motions, the Parenting Coordinator works with the parents in an out-of-court process to resolve disputes quickly.

Specifically, parenting coordination

• provides a process to address problems with the court-ordered parenting plan such as minor schedule changes, after-school activities, issues involving exchanges between the parents, communication about the children, etc. It does not change the main parts of the custody order such as the kind of decision-making (legal custody) or overall living arrangements (physical custody) that the judge ordered;
• provides a process for quick problem-solving using mediation if possible, and if not the Parenting Coordinator makes a decision;
• helps parents to stop behaving and communicating in ways that increase the conflict;
• educates parents about the impact of their conflict on their children;
• reduces the need to file motions and appear at court hearings;
• helps parents change to a “parallel parenting” arrangement as appropriate. This means in some cases each parent will figure out the best way to parent the children when they are with that parent and the other parent does the same. The parents try to reduce opportunities to interact with each other to avoid conflict.

Some parents remain highly conflicted after their parents divorce or split up. Research shows that children suffer most when their parents’ conflict is played out through the children (i.e. messages sent through the children, parent questioning the child about other parent), or is focused on the children without getting resolved, and not the fact that there is a legal dispute in court. These children experience increased rates of:

• Depression
• Anxiety
• Anger, hostility and aggression
• Sleep disturbance
• Social withdrawal and school problems
• Suicide
• Future divorce and failed relationships
• Regressions and delays in social and emotional development.

A Parenting Coordinator works with high conflict parents to educate them about the negative impact of their conflict on the children. The Parenting Coordinator quickly addresses disputes with the parenting plan by first trying mediation and if the parents cannot agree, making a decision. Hopefully, the parents will move toward a parallel parenting model and reduce their conflict.

The minimum criteria are that the case must have:

• a FINAL court-ordered parenting plan;
• repeated history of motions to modify with no unresolved motions;
• no current domestic violence protective order in place;

The Parenting Coordinator does not have authority to decide motions or change the custody ordered by the judge. Instead, Parenting Coordinators help parents resolve disputes about how to implement the parenting plan and hopefully avoid the need for a parent to file a motion.

A Parenting Coordinator (also called a "PC") is an impartial mental health or legal professional with specific training that includes:

• at least 40 hours of mediation training, preferably focusing on family mediation;
• training in the parenting coordination process, techniques and court specific parenting coordination procedures;
• a professional background and experience in an area relating to families such as:
  • a licensed mental health professional or a person practicing under the supervision of a licensed mental health professional, or
  • an attorney; or
  • alternatively, another appropriate person such as culturally appropriate providers, custody investigators or guardians ad litem, considering that individual’s experience and training in mediation, psychology, and law in relation to families;
• training in family dynamics in separation and divorce, domestic violence and child maltreatment, and
• practical experience with high conflict or litigating parents.

Ordinarily the PC’s appointment term will be up to 2 years.

There are different ways parents get involved with parenting coordination.

• the judge may suggest that a parenting coordinator (PC) can be helpful,
• a lawyer involved with the case may think a PC can be helpful, or
• a parent may think a PC can be helpful.

If parents want to hire a PC, they should review the list below and contact the PC to see if they are taking on new families. Sometimes, PC’s are already helping multiple families they are helping and cannot take on anyone new.

If the parents do not agree on which private PC to hire, the parents may suggest specific PCs for their case and let the judge decide who to appoint. You may file:

• Proposal for Private Parenting Coordinator, SHC-1810 PDF | Word

If the judge finds that the case meets the criteria to appoint a PC, the judge will issue an Order Appointing a Parenting Coordinator, setting out the specific areas that the PC has authority to make decisions to implement the parenting plan. Sometimes PCs have their own Proposed Order Appointing a Parenting Coordinator and parents should submit that to the judge to use.

The court system maintains a list of private parenting coordinators who have the required training:

• Mediation training
• Parenting coordinator training
• Experience working with family disputes
• Licensing as either an attorney or mental health professional is preferred

The parenting coordinators (PCs) below have provided information to the court about their qualifications. However, the court does not recommend any specific parenting coordinator, or evaluate the quality of their services. If you are interested in hiring a parenting coordinator, you should interview one or more PCs to decide if they have availability, meet your needs, have the proper qualifications, and discuss their fee arrangement.

There may be other individuals who hold themselves as PCs but they have not provided the court with their experience and qualifications.

The Parenting Coordinator (PC) decision-making process is quick and efficient. The PC first tries to mediate the dispute, helping the parents to communicate to see if they can problem-solve and reach an agreement. If they cannot agree, the PC will make a decision quickly. Typically, the process starts with an in-person meeting, to meet the parents, review the guidelines and begin to identify ongoing issues. For the court-based PC program, almost all contacts happen through email and occasionally by telephone. A private PC is more likely to hold in-person meetings, as requested by the parents or as needed. The PC keeps records of all contacts.

Many court-based PCs use a communication structure where either parent may send 1 email per week (absent an emergency) raising an issue and the other parent must respond within 3 days. The PC spends 1 week, by email or telephone, trying to mediate the conflict. If mediation is not successful, the PC has 1 more week to make a decision and communicate it to both parents by email. The emailed decision summarizes the PC’s reasons for the decision. Either parent may file an objection to their assigned Superior Court judge, attaching the PC’s written decision.

Parenting coordination is different because the parents have the opportunity to resolve the disputes themselves with the help of the PC as a mediator. Also, if the parents cannot reach an agreement in mediation, the PC will make a decision much quicker than going through the traditional court process. This allows the parents and children to move on with their lives, especially when the dispute is time-sensitive.

The Order Appointing a Parenting Coordinator, SHC-1802, contains a section “Release of Confidential and Privileged Records and Information” that allows the PC to have contact with the children as necessary to make decisions. Sometimes the PC will talk to the children, depending on their age and the issues in dispute to understand who they are and to get their perspective. The PC may talk to the children privately without the parents present.

The Order Appointing a Parenting Coordinator, SHC-1802, contains a section “Release of Confidential and Privileged Records and Information” that allows the PC to have contact with third parties and access to records and information as necessary to make decisions. In addition, the PC may require each parent to sign a release of information for the PC to be able to talk to different people involved with the family. Often the PC will talk with other people involved with the family, including therapists for the children and parents as well as medical providers and teachers. Each situation is different so it depends on the issues in the case and which providers are involved with the family.

The PC files a confidential report with the court every year that summarizes the PC’s contacts with the parties, issues addressed and pending, including agreements and decisions made, and any recommendations.

The Order Appointing Parenting Coordinator, SHC-1802, makes clear that the PC’s file is confidential and that the PC cannot be required to testify.

Either parent can object to a particular PC decision by filing an objection within 5 days. The Appointment Order states that the PC’s decision stands until the court orders otherwise. Either parent may file:

• Objections to Parenting Coordinator Decision (& Order on p. 2), SHC-1811 PDF | Word
  • The objection should specifically state the reason for the objection and which specific part of the PC’s decision the court should consider. The objection and supporting memorandum should be 5 pages or less.
  • The other parent should not respond to the objection unless the court requests. The court will ordinarily ask for a response before granting an objection. If the court orders a parent to file a response to the objection, the parent should file that response within the time specified by the court.
  • The court may decide the objection without a hearing.

If the PC needs the judge’s assistance, the PC may request an immediate hearing.

It is possible that the case may no longer need a PC. For example, the parents do not need the services, a parent leaves Alaska or becomes unavailable. The PC may also resign at any time with 30 days’ written notice to the parents and assigned judge. Also, after the 2-year appointment term, the parenting coordination will end unless the judge determines it is appropriate to reappoint and the PC is available to continue with the case.

Forms have been created for use by judges, parents and PCs:

Typically a PC will provide parents with:

• Parenting Coordination Policies and Procedures, SHC-1823
• Parent Intake Form – Confidential, SHC-1824 PDF | Word