How a Parenting Coordinator Can Help You

If you are struggling to agree on co-parenting issues with your former spouse or your child’s other parent, there are other options besides going to court over every issue. One way to reach an agreement or receive a legally binding ruling without seeing a judge is through hiring a parenting coordinator. Parenting coordinators can save you money, reduce stress and help you to keep your child’s best interests first and foremost.

Who Are the Parenting Coordinators?

Parenting coordinators are specialized professionals that help separated and divorced individuals during conflicts about child custody. They serve as a neutral party in a separation or divorce, and are dedicated to serving the best interests of the children. They help to settle disputes between parents without a trip to court, which can take weeks even for a decision on something that is needed tomorrow. In most cases, hiring a parenting coordinator is also far less expensive than another trip to court.

This coordinator works to help parents compromise on solutions, and to learn to work together on a parenting plan. When parents cannot agree, however, the coordinator is empowered to make legally binding recommendations for the child. They must work within the parameters of the court’s custody orders, but they do have the power to step in when parents cannot agree on a parenting strategy.

The Work of Parenting Coordinators

Technically, parenting coordinators work as part of an alternative dispute resolution. If you are not familiar with coordinators, you might be more familiar with the concept of mediation-arbitration. This process is one that combines two other alternative dispute resolution techniques – a mediation phase that allows the parents to settle their own dispute and an arbitration phase that puts the coordinator in charge of the decision. This gives the parents two opportunities to solve their problems without actually going to court. The coordinator acts as both a neutral third party and a potential decision maker, depending how the process goes.

Can a parenting coordinator change custody?

Parenting Coordinators in Ontario do not have the authority to unilaterally change custody arrangements. Their main role is to put into action and ensure compliance with the existing custody order or parenting agreement. They work to make sure both parents stick to the parenting plan. Their focus is on implementing and upholding the agreed-upon terms, not modifying them.They facilitate communication, help resolve disputes, and ensure compliance with the court-ordered parenting arrangement.

If there is a need to modify custody arrangements, it typically requires a formal legal process. Parents would need to file a motion to change the existing custody order and provide evidence of a material change in circumstances that justifies the modification. The court would then assess whether the proposed modification is in the best interests of the child.

Related resource: The Parenting Plan Worksheet

Cost of hiring a Coordinator

In most cases, the cost of parenting coordinators is split equally between both parents. Occasionally, the expense has been included in custody agreements or there is an Order of the Court that specifies how the cost is split. Sometimes a judge will also require one parent to pay the cost because he or she is the one who refuses to put the child’s best interests first.

How does the work with a parenting coordinator look like?

Once a referral to a coordinator has been put into place, the first step is for the family and the coordinator to become acquainted. The coordinator will review the case and look over the current concerns. Then, meetings with each parent and the children will be scheduled. Joint meetings will probably also be scheduled, although sometimes prior conflict inhibits this from happening.

The children rarely meet with the coordinator. While he or she works in the best interest of the child, these coordinators primary role is to help the parents reach a consensus. In most cases, the children are excused from these meetings, and it is recommended they do not attend. This is to buffer the children from seeing their parent’s disagree.

The Legal Process

The Arbitration Act of 1990 (amended in 2007) requires that family law arbitration be done in accordance with the laws of the proper Canadian jurisdiction. All agreements must be in accord with the Family Law Act, the prevailing law in the case of conflict between the two parties.

This sort of counseling must also deal with Ontario’s distinction between two types of arbitration. The first, primary arbitration, occurs before any other type of arbitration but after the incident in question arises. This means that this sort of coordination is not assigned as a mandatory part of a divorce, but rather as part of the agreement between the two separated parties.

With regard to the screening for power imbalances and domestic violence, the Act is silent on the course of the arbitration in the event there are positive findings. However, the arbitrator is to consider the results of the screening throughout the arbitration process. Parents must agree to opt out of some sort of mediation, though other issues are still required to follow the basic laws of Ontario.

Legal Consultation for Your Parenting Disputes

While there are quite a few legal issues that one must deal with, the basic gist of the matter is that all parties involved – the parents, the Court, the family lawyers and even the coordinator – have to agree on the terms of the coordination before it goes ahead. Ontario’s laws concerning parenting coordination are complex, and it takes a skilled legal mind to make sure that every issue is taken into account before the process beings.

If you want to make use of a parenting coordinator, we can help you to make sure that your agreement follows the law. While it can be difficult to do, our Toronto family lawyers have the experience and skill necessary to help you to settle your disputes while using these professionals. Fine & Associates is one of the best Toronto-based law firms that deals with Family law. If you need any help with child support, child custody, or divorce law, we can help you. Call us at 1 (416) 238-9615 for a free phone consultation. Or book your free consultation here.