By: Lindsay H. Childs, Esquire
It has been over five years since the Pennsylvania Supreme Court brought Parenting Coordination programs back to our state. On March 1, 2019, Pennsylvania Rule of Civil Procedure 1915.11-1 was enacted, providing that a Parenting Coordinator may be appointed by a judge after a final custody order has been entered, “to resolve parenting issues involving repeated or intractable conflict between the parties affecting implementation of the final custody order.” Since that time, Parenting Coordinators have been appointed by family court judges in many custody cases, providing for a more efficient and cost-effective way to resolve minor parenting disputes.
Although the state rule allows each county to decide whether or not to enact a Parenting Coordinator program, Philadelphia and the surrounding counties have all enacted the program as part of their local rules. This means that area family court judges in Philadelphia, Bucks County, Chester County, Montgomery County, and most recently, Delaware County, can appoint a Parenting Coordinator in high-conflict custody cases.
The exact procedure for appointing a Parenting Coordinator can vary from county to county, but the program has several fundamental features that ensure the due process rights of parents (or custodial caregivers) are protected. The authority of a Parenting Coordinator is limited to issues regarding the implementation of the custody order and related parenting issues, such as how and where custody exchanges take place, participation in extracurricular activities, childcare, and temporary variations from the court-ordered custody schedule to accommodate a special event of particular circumstances. Parenting Coordinators are explicitly prohibited from changing who has legal or primary physical custody of the children, deciding whether a relocation of the child will be permitted, determining financial issues other than how the parenting coordinator’s fees will be allocated, or making major decisions affecting the health, education or religion of the children. Thus, all major decisions, including the overall award of custody, must be made by the court. In addition, the parenting coordinator must give both sides notice and an opportunity to be heard on the issues.
To safeguard the quality of the local Parenting Coordination program, additional rules have been put in place. The person appointed as a Parenting Coordinator must be a licensed to practice either as an attorney or a mental health professional with a master’s degree or higher, have five years of experience in their relative field, and have specialized training in the parenting coordination process, family mediation, and domestic violence. The Parenting Coordinator’s term also cannot exceed 12 months, unless explicitly extended by court order. And once appointed, the parenting coordinator is required to give the parties a written agreement regarding payments and how the process works
Overall, the implementation of Parenting Coordination programs in Southeastern Pennsylvania has been successful. In some instances, the Parenting Coordinators have been able to help the parties reach an agreement without even needing to intervene by making a decision for them. This is in large part because the Parenting Coordinators are able to dedicate more time to facilitating productive conversations about the issue(s) at hand than a judge would be able to do in the courtroom, particularly when they are time-sensitive issues. And even when the Parenting Coordinator has had to make a decision and therefore issue a recommendation to the court, many of those recommendations are uncontested by the parties and approved by the overseeing judge. This frees up more time for judges to handle major decisions in custody cases, and allows parents or custodial caregivers to have their coparenting issues resolved in a timely manner, without the cost of ongoing litigation.
If you believe a Parenting Coordinator could be beneficial to your family, contact Lindsay H. Childs, Esquire, at Vetrano | Vetrano & Feinman, LLC to discuss the process and eligibility.
About Lindsay H. Childs, Esquire
Ms. Childs is a certified Parenting Coordinator in Pennsylvania. She has presented on the topic of Parenting Coordination for both the Pennsylvania Bar Association’s Family Law Section and the Pennsylvania Bar Institute. Ms. Childs limits her practice to family law matters, including divorce, equitable distribution of marital property, alimony, custody, child support and Protection from Abuse. She is the former chair of the Montgomery Bar Association’s Family Law Section, former president of the Doris Jonas Freed Matrimonial Inn of Court, and currently serves as a director on the board for Legal Aid of Southeastern Pennsylvania.
About Family Law Firm Vetrano | Vetrano & Feinman LLC
Vetrano | Vetrano & Feinman LLC is a divorce and family law firm in King of Prussia, Pennsylvania. The family law attorneys of the firm are committed to helping clients achieve the most positive outcomes possible. The firm’s family-centric philosophy has always been that a family will remain a family, even if the parents are no longer married. The firm’s attorneys work in the best interests of their clients while promoting harmonious and amicable situations whenever possible. For more information about Vetrano | Vetrano & Feinman LLC or Ms. Childs and parenting coordinator programs, call 610-265-4441 or visit the website, https://www.vetranolaw.com.
