What Is A Parenting Coordinator And Do I Need One In My Divorce Case?

 Posted on September 25, 2024 in Divorce

On May 24, 2023, the Illinois Supreme Court issued Rule 909 to establish parameters for parenting coordinators in family law matters. Prior to Rule 909, certain judicial circuits were appointing parenting coordinators on high-conflict cases, but many circuits were hesitant to make such appointments absent an agreement due to the specific powers granted to parenting coordinators. With the implementation of Rule 909, judicial circuits now have guidelines for establishing their own rules and requirements with respect to parenting coordinators so long as these rules were consistent with Rule 909. That said, some courts, including DuPage County’s Eighteenth Judicial Circuit, still have not adopted parenting coordinator rules and continue to only appoint parenting coordinators by agreement.

A parenting coordinator is a licensed family law attorney or mental health professional who is appointed in high-conflict cases, particularly when parents either cannot or will not cooperate with one another with respect to decision making, communication, and other parenting issues. The parenting coordinator serves as a decision maker for conflicts that may arise between the parties. The purpose of a parenting coordinator is to make these decisions in a timely manner to minimize conflict between the parties and promote communication and healthy co-parenting.

Many issues that parties in a high conflict case come across need to be resolved quickly. While the Court remains the sole authority for major decisions/modifications, in the absence of an agreement, many smaller issues arise that require a swift answer. Many disputes between parties are important to serve the best interests of the children, but may not constitute an emergency and, as such, parties are in a difficult position as they cannot get to court in time to bring up the issue on the regular court call. Examples would include disputes over holidays, vacations, transportation, extra-curricular activities, choice of counselors, and the like.

The parenting coordinator is a solution to these issues that would ordinarily be unresolved or addressed too late by the time said issues can be brought up in court. When an issue arises that is within the scope of the parenting coordinator’s appointment, the parties can address the matter directly with the parenting coordinator. The parenting coordinator can make a decision in a matter of hours or a few days rather than the parties having to wait to address the matter in court.

For example, Mom and Dad have a disagreement regarding winter break parenting time. The child’s last day of school before break is a Friday. Mom believes that winter break starts after school on Friday. Dad believes that winter break starts the next day on Saturday. The Allocation Judgment simply says that Mom gets the first half of winter break and Dad gets the second half. Mom and Dad both are insisting that they are picking up the child from school on Friday.

These type of disputes are incredibly common and often result in a stand-off where, in this scenario, both parents show up to retrieve the child. This can be stressful on the child, as well as create more tension between the parties. In this scenario, Mom and Dad would reach out to their parenting coordinator and state their position with respect to when winter break begins. The coordinator will review any documentation the parties provide as well as the court orders. The parenting coordinator has the authority to speak to third parties as well, including the minor child(ren). The coordinator then will indicate to the parties when winter break commences and specify which parent should pick up the child. For these situations, the parenting coordinator’s decision is binding upon the parties. Depending on the nature of the decision, the decision may be memorialized in an order that can be submitted to the court for entry.

There are numerous issues for which a parenting coordinator can provide assistance. The benefit to the parties is not only that they get a resolution in a timely manner, but that the parties save time and money by addressing issues with the parenting coordinator rather than bringing up the issue before the court.

The parenting coordinator does not take the place of the Court or a Guardian ad Litem, who makes recommendations but not decisions. The parenting coordinator cannot permanently change parenting time or decision making, nor can they modify child support or related expenses. Their role is to resolve the many other issues that parties, particularly those involved in high conflict cases, need assistance on in short order. Rule 909 sets forth the scope of the parenting coordinator’s role, including designating what issues the parenting coordinator can and cannot decide.

A parenting coordinator can be a great tool for parties during and after proceedings. Specifically, individuals who have difficulty communicating with their co-parent or reaching resolution on minor issues with their co-parent will greatly benefit from the implementation of a parenting coordinator. Utilization of a parenting coordinator avoids conflict when the parties cannot get to court in time which in turn benefits the minor children. Parenting coordinators serve as an invaluable resource for families as well as free up time in the judicial system for issues that need to be addressed in court.

However, there are times that a party may abuse the parenting coordinator’s role which can result in unnecessary fees or further litigation. It’s important to seek the advice and guidance of your attorney in all dealings with a parenting coordinator to ensure their role serves your case well.

Our skilled attorneys serve as parenting coordinators on cases as well as have experience in appointing parenting coordinators and crafting the appropriate parenting coordination orders for our family law clients. We are happy to discuss how a parenting coordinator can help in your specific case. Please contact our office for a free initial consultation at 630-407-1200 or www.mngrlaw.com.