National Cooperative Parenting Center for the children Guardian Ad Litems and Parenting Coordinators – How Best to Use Them, Stop Your Clients from Abusing.

National Cooperative Parenting Center for the children

Guardian Ad Litems and Parenting Coordinators – How Best to Use Them, Stop Your Clients from Abusing Them and Present Their Testimony at Trial

The Florida Bar Debra K. Carter, Ph.D.

April 14, 2010© 2009 Debra K. Carter, National

Cooperative Parenting Center1

National Cooperative Parenting Center for the children

2© 2009 Debra K. Carter, National Cooperative Parenting Center

I. THE CONCEPT OF PARENTING COORDINATION

• What is a PC? - Appropriate ExpectationsRoles of a PC

• Parenting Coordination as a Collaborative Process

• When to designate a PC: What is “High Conflict?”Indicators of Appropriate Designation

• When it is NOT Appropriate to Designate a PCPC and cases with DV, abuse, and/or neglect

National Cooperative Parenting Center for the children

3© 2009 Debra K. Carter, National Cooperative Parenting Center

What a PC is NOT - PC and limitations regarding dual roles

Custody evaluatorCrisis counselorTherapistMediatorFinancial plannerGAL Judge

National Cooperative Parenting Center for the children

The PC Process

• Court Ordered• Families Are Held Accountable• Interventions are Child Focused• Interventions are Direct, Goal and Future Oriented• Coordinator is Proactive • Coordinator is Available / Flexible with

Communication• Coordinator and Interventions are Solution Focused• Expectation for Change is required

© 2009 Debra K. Carter, National Cooperative Parenting Center

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National Cooperative Parenting Center for the children

5© 2009 Debra K. Carter, National Cooperative Parenting Center

II. THE PC TIME LINE - Pragmatic Information Regarding The PC Process

A. The Initial ReferralNoncompliance issues

B. The PC Professional Services AgreementAppropriate expectations concerning PC process

C. PaymentCourt determines ability to payImportance of Retainers

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D. How PC Appointments are ScheduledInitial contact with PC to schedule first Joint vs. Individual AppointmentsCollateral Participants (children, significant others, grandparents, etc.)

E. PC as Referral AgentTeam approach Continuity of Care

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F. Report Writing/Addressing the courtWhat to expect in a PC ReportStatus Conferences

G. Duration of PC DesignationTime Frame (addressed by the Court; stipulated by the parties)Phase Out Period/Periodic Tune Ups

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8© 2009 Debra K. Carter, National Cooperative Parenting Center

III. THE BENEFITS OF PARENTING COORDINATION FOR

HIGH CONFLICT FAMILIES

A. PC Provides Case ManagementMonitors Compliance and ProgressAssures Continuity of CareMaximizes Attorney’s Use of Time for Legal Rather Than Non-legal Matters

B. PC Provides Clients with StructureIssues Addressed in Timely Manner Before Conflict is ExacerbatedAssures Positive Progress

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C. PC Provides Reduction of Mis-communication and Manipulative Behaviors - Minimizes the “he said/she said factor”Encourages CooperationFacilitates AgreementsObserves Patterns of Appropriate and Inappropriate Behavior

D. PC as EducatorEncourages Independence from Adversarial ArenaFocuses on Best Interests of Child(ren)Provides Information and Resources

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10© 2009 Debra K. Carter, National Cooperative Parenting Center

E. Saves Time and Money

F. Ensures Execution of Court OrderReduces Need for Emergency MotionsProvides Conflict Management

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IV. AGREED ORDER APPOINTING PARENTING COORDINATOR

A. Who Can and Who Cannot be a PC in Florida• Current Qualifications set forth in F.S. 61.125• PC Agreed Upon by the Parties

B. Who Pays the PC and How is it Collected• The Problems with an Initial Equal split of PC

Fees • What Attorneys can do to Protect their Clients

from a Substantially Large PC Bill

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C. Granting of and Limitations of PC AuthorityPCs power and authority pursuant to the Order of

Referral

D. Obtaining PC Reports and Testimony; prerequisites and requirements as set forth in Rule 12.742Obtaining written reports from the PC and how they could be usedEvidentiary issues Show the Judge good cause so the PC could Testify/Deposing the PCPC and Testimony - when to subpoena

National Cooperative Parenting Center for the children

13© 2009 Debra K. Carter, National Cooperative Parenting Center

V. Practical and Procedural Information Regarding PC

A. How the PC works with the CourtCollaborative rather than AdversarialOrder of Referral per CircuitResponse Forms

B. Designation/Referral to PCDesignation directly from the Judge

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C. Working Together - The PC, Attorney, and GAL

D. Monitoring progressConfidentiality

Request for status conferencePC Withdrawal/Termination