Parenting Coordination

1764 Words8 Pages
March 20, 2009 Dear Legislator: Parenting coordination is a relatively new resource available to families in Texas that allows them to work out problems without resorting to litigation. Probably the most crucial characteristic of this service is that it is confidential. Because communications between parents and parenting coordinators cannot be revealed in a courtroom, participants are free to share their real feelings and concerns with the parenting coordinator without fear of distortion and reprisals. Under the current statute, parenting coordination cannot be subverted into a litigation tool by either parents or attorneys representing them. There are many non-confidential avenues already available for judges to receive information to help…show more content…
In addition to the concerns about non-confidentiality, the qualifications required under the proposed legislation for parenting coordinators are onerous and unnecessary. The process of parenting coordination is not dependent upon advanced degrees in mental health disciplines or excessive trainings. Certainly some training is necessary and the requirements under the current statute are quite adequate. Courts are conscious of the qualifications of those whom we appoint to serve families on a confidential basis. If conduct that is counter-productive to the aim of helping families resolve conflict is brought to our attention, regardless of whether it had to do with compliance with standards or statutes, we have the discretion to remove the appointed individual and never to appoint them again. There is no need for external standards to have a process of accountability for these appointed individuals. The argument that the statute would provide greater protection for the parties by requiring licensure is not persuasive, since the other side of the coin is that the proposed amendments presumes the parenting coordinator is acting in good faith. Licensure is not what makes an effective parenting…show more content…
The amendments adopt a confusing process of non-confidential parenting coordination that allows testimony on the basis of recommendations about long-term parenting arrangements made during a process designed to help parties resolve parenting issue, with no compliance with custody evaluation standards or with the statutory duties of a guardian ad litem. Mandating the admissibility of such unreliable evidence may violate the due process rights of the parents if courts rely on such testimony in making decisions. Likely, clients will not understand the process choices or have adequate informed consent of the perils of making admissions against interest to such individuals or being seen as noncompliant and non-cooperative from the PC’s perspective. 2. The amendments require disclosure by the parenting coordinator, whether confidential or otherwise, of the substance of any communication by a participant, such as a lawyer for one of the parties, to all the other parties and lawyers, so that effectively there can be no caucus style communication, proven to be a very effective tool in mediation of parenting issues. This means there really is no true confidentiality. 3. The amendments will effectively remove the court’s authority to appoint confidential parenting coordinators, because the moment the order is signed, either party can file a motion and the court must remove the appointed PC without
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