JU 39: Parenting Coordination
(A) Introduction/Purpose
This rule allows for the earliest possible resolution of disputes related to parental rights and responsibilities or companionship time orders. Through this rule, the Court incorporates by reference Rule 16.61 et seq. of the Supreme Court of Ohio Rules of Superintendence.
(B) Definitions
As used in this rule:
(1) Domestic abuse means a pattern of abusive and controlling behavior that may include physical violence; coercion; threats; intimidation; isolation; or emotional, sexual, or economic abuse.
(2) Domestic violence has the same meaning as in R.C. 3113.31(A)(1).
(3) Parenting coordination means a child-focused dispute resolution process ordered by the Court to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making. Parenting coordination is not mediation subject to R.C. Chapter 2710, R.C. 3109.052, or Sup.R. 16 nor arbitration subject to R.C. Chapter 2711 or Sup.R. 15.
(4) Parenting coordinator means an individual appointed by the Court to conduct parenting coordination.
(C) Scope
(1) Reasons Not to Order Parenting Coordination
(a) At any point after a parental rights and responsibilities or companionship time order is filed, the Court may order parenting coordination except to determine the following: Whether to grant, modify, or terminate a protection order;
(b) terms and conditions of a protection order;
(c) for violation of a protection order;
(d) s in the designation of the primary residential parent or legal custodian;
(e) Changes in the school placement of a child, in the case of shared parenting or shared custody;
(f) Substantive changes in parenting time;
(g) The modification of child support or the allocation of tax exemptions or benefits or the division of uncovered medical expenses.
(2) Reasons to Order Parenting Coordination
The Court may order parenting coordination, sua sponte or upon written or oral motion by one or both parties, when one or more of the following factors are present:
(a) The parties have ongoing disagreements about the implementation of a parental rights and responsibilities or companionship time order and need ongoing assistance;
(b) There is a history of extreme or ongoing parental conflict that has been unresolved by previous litigation or other interventions and from which a child of the parties is adversely affected;
(c) The parties have a child whose parenting time schedule requires frequent adjustments, specified in an order of the Court, to maintain age-appropriate contact with both parties, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court;
(d) The parties have a child with a medical or psychological condition or disability that requires frequent decisions regarding treatment or frequent adjustments in the parenting time schedule, specified in an order of the Court, and the parties have been previously unable to reach agreements on their parenting time schedule without intervention by the Court;
(e) One or both parties suffer from a medical or psychological condition or disability that results in an inability to reach agreements on or make adjustments in their parenting time schedule without assistance, even when minor in nature;
(f) Any other factor as determined by the Court.
(D) Parenting Coordinator Qualifications
(1) General Education and Training
The Court may appoint an individual as a parenting coordinator who meets all of the following qualifications:
(a) Be an independently licensed mental health professional, be licensed to practice law in Ohio, or otherwise have education and experience satisfactory to the Court;
(b) Possess extensive practical and professional experience with situations involving children, which includes parenting coordination, counseling, casework, legal representation in complex family law matters, serving as a guardian ad litem or mediator, or such other equivalent experience satisfactory to the Court;
(c) Has completed the following training approved by the Dispute Resolution Section of the Supreme Court:
(i) Fundamentals of Mediation Training or qualify for an exception as provided in Sup. R. 16.23(A)(2);
(ii) Specialized Family or Divorce Mediation Training;
(iii) Specialized Domestic Abuse Issues in Mediation Training;
(iv)Parenting Coordination Training.
(d) The Court may appoint an individual to serve as a parenting coordinator in an abuse, neglect, or dependency case, provided they have completed the following as approved by the Dispute Resolution Section of the Supreme Court:
(i) The requirements of (D)(1)(a) (c) of this rule;
(ii) Specialized Child Protection Mediation Training.
(2) Parenting Coordinator Continuing Education
To maintain eligibility for appointment, a parenting coordinator shall complete at least six hours per calendar year of continuing education relating to children, families, mediation, or diversity.
(3) Roster Application
Before being placed on the Court s Roster of Parenting Coordinators, all individuals must complete and submit the Parenting Coordinator Roster Application to the Dispute Resolution Department for review and approval.
(4) Annual Reporting and Review
(a) A parenting coordinator shall provide an updated resume to the Dispute Resolution Department in the event of any substantive changes or any grounds for disqualification of any issues affecting the ability to serve pursuant to division (F)(2) of this rule; and notify the Dispute Resolution Department of any changes to name, address, telephone number, and electronic mail address contained in the resume.
(b) On or before January 1st of each year, a parenting coordinator shall provide to the Dispute Resolution Department:
(i) A list of all continuing education training completed during the previous year pursuant to division (D)(2), including the sponsor, title contents, credit hours, date, and location of each training;
(ii) Certification that they are unaware of any circumstances that would disqualify them from serving as a parenting coordinator.
A parenting coordinator shall not be eligible for appointments until these requirements are satisfied.
(c) The Dispute Resolution Department shall conduct an annual review of each parenting coordinator s qualifications each January and shall remove from the Court s list those parenting coordinators who are no longer qualified.
(E) Appointment
(1) Parenting Coordinator Appointment Order
The Court's appointment order shall set forth all of the following:
(a) The name and contact information of the parenting coordinator and the definition and purpose of the parenting coordinator;
(b) The specific scope of authority of the parenting coordinator;
(c) The term of the appointment;
(d) The scope of confidentiality;
(e) The parties responsibility for initial deposit, fees, and expenses for services rendered by the parenting coordinator;
(f) The procedures for decision-making of the parenting coordinator;
(g) The procedures for objections to parenting coordinator decisions;
(h) Orders the parties to contact the parenting coordinator within a specific time frame
(i) Other provisions the Court considers necessary and appropriate.
(2) Selection of Parenting Coordinator for Appointment
The parenting coordinator who meets the qualifications in divisions (D)(1) and (3) of this rule and, if applicable divisions (D)(2) and (4), shall be selected using one of the following:
(a) Court Employee;
(b) Random selection by the Court from the Court s roster of parenting coordinators;
(c) Specific appointment from the Court s roster of parenting coordinators based on the type of case and the qualifications and caseload of the parenting coordinator; or
(d) Parties select a parenting coordinator from the Court s roster of parenting coordinators.
(3) Prohibited Parenting Coordinator Appointments
The Court shall not appoint a parenting coordinator who does not possess the qualifications in divisions (D)(1) and (3), of this rule and, if applicable divisions (D)(2) and (4), or who has served or is serving in a role that creates a professional conflict including, but not limited to, a child s attorney or child advocate; guardian ad litem; custody evaluator; therapist, consultant, coach, or other mental health role to any family member; mediator; or attorney for either party. Parties may not waive this prohibition.
(4) Termination or Modification of Parenting Coordinator Appointment
Upon motion of a party, for good cause shown, or at the parenting coordinator s request in a written decision or report to the court, or sua sponte, the Court may terminate or modify the parenting coordinator appointment.
(F) Parenting Coordinator Responsibilities
(1) Competence or Ability to Perform Duties
A parenting coordinator shall report to the Court any activity, criminal or otherwise, that would adversely affect the parenting coordinator s ability to perform the functions of a parenting coordinator. A parenting coordinator shall decline or withdraw from an appointment or request appropriate assistance in either of the following situations:
(a) The facts and circumstances of the case are beyond the skill or expertise of the parenting coordinator;
(b) Personal circumstances, including but not limited to medical, mental health, or substance misuse or dependence, exist that compromise the ability of the parenting coordinator to perform his or her role.
(2) Compliance with Appointment Order
A parenting coordinator shall comply with the requirements of and act in accordance with the appointment order issued by the Court.
(3) Independence, Objectivity, and Impartiality
A parenting coordinator shall maintain independence; objectivity; and impartiality, including avoiding the appearance of partiality, in dealings with parties and professionals, both in and out of the courtroom.
(4) Conflicts of Interest
(a) A parenting coordinator shall avoid any actual or apparent conflicts of interest arising from any relationship activity, including but not limited to those of employment or business or from professional or personal contacts with parties or others involved in the case. A parenting coordinator shall avoid self-dealing or associations from which the parenting coordinator may benefit, directly or indirectly, except from services as a parenting coordinator.
(b) Upon becoming aware of any actual or apparent conflict of interest, a parenting coordinator shall advise the Court and the parties of the action taken to resolve the conflict and, if unable to do so, seek the direction of the Court.
(c) A parenting coordinator shall avoid serving in multiple roles with the same family, even with the consent of the parties.
(5) Ex Parte Communications
A parenting coordinator shall not have ex parte communications with the Court regarding substantive matters or issues on the merits of the case.
(6) Legal Advice
A parenting coordinator shall not offer legal advice.
(G) Parenting Coordination Procedures
(1) Screening for and Disclosure of Domestic bAuse and Domestic vVolence
(a) All cases shall be screened for domestic abuse and domestic violence by the parenting coordinator before the commencement of the parenting coordination process and during the parenting coordination process.
(b) All parties and counsel shall immediately advise the parenting coordinator of any domestic violence convictions and/or allegations known to them or which become known to them during the parenting coordination process.
(c) Parenting coordination is prohibited when domestic abuse or domestic violence is alleged, suspected, or present, unless all of the following conditions are satisfied:
(i) The parenting coordinator shall screen both before and during parenting coordinator, for domestic violence and for the capacity of the parties to engage in parenting coordination;
(ii) The parenting coordinator shall ensure that the person who is or may be the victim of domestic abuse or domestic violence is fully informed about the parenting coordination process; the right to decline participation in the parenting coordination process; and, at the discretion of the parenting coordinator, the right to have any other individuals attend and participate in the parenting coordination sessions;
(iii) The parenting coordination shall ensure that the parties have the capacity to participate in the parenting coordination process without fear of coercion or control;
(iv)The parenting coordinator shall take reasonable precautions to create a safe environment for the parties and all other persons involved in the parenting coordination process; and
(v) Procedures are in place for the parenting coordinator to terminate a parenting coordination session if there is a threat of domestic abuse, domestic violence or coercion between the parties.
(2) Disclosure of Abuse, Neglect, and Harm
A parenting coordinator shall inform the parties that the parenting coordinator shall report any suspected child abuse or neglect and any apparent serious risk of harm to a family member s self, another family member, or a third party to child protective services, law enforcement, or other appropriate authority. A parenting coordinator shall report child abuse or neglect pursuant to the procedures set forth in R.C. 2151.421.
(3) Attendance and Participation
(a) Parties shall attend parenting coordination sessions. The parenting coordinator has the authority to approve or to disapprove any request to reschedule parenting coordination sessions.
(b) A parenting coordinator shall allow attendance and participation of the parties and, if the parties wish, their attorneys and any other individuals designated by the parties. A party shall notify the parenting coordinator at least one week before the session should a party want their attorney or other designated individual to attend.
(c) Parties shall notify the parenting coordinator and the Court of any changes to address, telephone number, or electronic mail address.
(4) Referrals to Support Services
A parenting coordinator shall provide information regarding appropriate referrals to resources including legal counsel, counseling, parenting courses or education, and other support services for all parties, including, but not limited to, victims and suspected victims of domestic abuse and domestic violence.
(5) Parenting Coordination Agreements, Reports, and Decisions
(a) Agreements. Parties shall sign and abide by agreements reached during a parenting coordination session, which shall be maintained in the parenting coordination file. The parenting coordinator shall provide a copy to each party and their attorneys, if any.
(b) Report to the Court. Upon request by the Court, the parenting coordinator shall prepare a written report including, but not limited to, all of the following:
(i) Dates of parenting coordination session(s);
(ii) Whether the parenting coordination session(s) occurred or was terminated;
(iii) Requests to reschedule a parenting coordination session(s), including the name of the requestor and whether the request was approved;
(iv)Whether an agreement was reached on some, all, or none of the issues;
(v) Who was in attendance at each session(s);
(vi) The date and time of a future parenting coordination session(s);
(vii) Whether any decisions were written and if so, the date(s).
(c) Decisions. The parenting coordinator shall first attempt to assist the parties in reaching an agreement that resolves the dispute. If the parties are unable to reach an agreement, the parenting coordinator shall issue a written decision that is effective immediately. The parenting coordinator shall provide copies to the parties and their attorneys, if any. The decision shall be immediately filed with the Court and include all of the following:
(i) Case caption, including the case number;
(ii) Date of the decision;
(iii) The decision of the parenting coordinator;
(iv)Facts of the dispute and facts upon which the decision is based;
(v) Reasons supporting the decision;
(vi)The manner in which the decision was provided to the parties;
(vii)Any other necessary information.
(d) Objections. A party may file written objections to a parenting coordinator s decision with the Court and serve all other parties to the action within fourteen days of the filing date of the decision. If any party timely files objections, any other party may also file objections with the Court and serve all other parties to the action, not later than ten days after the first objections are filed. A hearing may be scheduled, upon request, at the discretion of the Court. A judge or magistrate shall issue a ruling on the objections within thirty days from the date of the last objection filed.
(6) Parenting Coordinator Evaluations and Complaints
(a) A parenting coordinator shall provide participants with the Parenting Coordinator Evaluation form, provided by the Court, prior to the first parenting coordination session and at the end of the term of the appointment.
(b) The Dispute Resolution Department shall complete a review of the parenting coordinators on the Court s roster in January of each year.
(c) A party to a case appointed to parenting coordination may submit a complaint regarding the parenting coordinator within one year from the termination of the appointment. The complaint shall be submitted to the Dispute Resolution Department, on the designated form, and include all of the following:
(i) The case caption and case number;
(ii) The name of the parenting coordinator;
(iii) The name and contact information for the person making the complaint;
(iv)The nature of any alleged misconduct or violation;
(v) The date the alleged misconduct or violation occurred.
(d) The Dispute Resolution Department shall provide a copy of the comment or complaint to the parenting coordinator;
(e) The parenting coordinator has fourteen days from the date of receipt of the comment or complaint to respond in writing to the Dispute Resolution Department. The parenting coordinator may request an extension of this deadline, at the discretion of the Dispute Resolution Department Supervisor, in cases where the comment or complaint is voluminous.
(f) The Dispute Resolution Department shall investigate the allegations in the comment or complaint and shall issue a response within thirty days from the date of receiving the parenting coordinator s response to the comment or complaint. If the parenting coordinator does not submit a response within the permissible timeline, the Dispute Resolution Department shall issue a response within thirty days of the final day a response could have been received.
(g) Dissatisfaction with the decisions of the parenting coordinator does not constitute misconduct.
(7) Fees and Deposit
A parenting coordinator shall notify the Dispute Resolution Department of the hourly rate for their services, which will be displayed on the Court s roster of parenting coordinators. The Court shall require the parties to post a deposit to secure the fees of the parenting coordinator and shall apportion the fees of the parenting coordinator between the respective parties. The total deposit shall be at least $800.00 unless otherwise agreed upon by the parenting coordinator. All fees shall be determined by the Court and included in the appointment order. A parenting coordinator may be appointed pro bono or a portion of the fees may be waived if the Court determines a coordinator is necessary and that the parties are indigent.
(8)Stay of Proceedings
Unless otherwise provided by court order, referral of a case to parenting coordination stays a case until further notice. No party, or their attorney, shall file any documents while a case is in parenting coordination and the Clerk of Court shall do their best to refuse for filing any documents while a case is in parenting coordination with the following exceptions:
(a) A parenting coordinator report to the court;
(b) A parenting coordinator decision;
(c) An objection to a parenting coordinator s decision;
(d) A motion to lift the stay;
(e) A response to a motion to lift the stay;
(f) An application to dismiss the case or pending motions;
(g) A notice related to counsel/motion to withdraw as counsel;
(h) A motion for changes in the designation of the primary residential parent or legal custodian;
(i) A motion for changes in the primary and/or school placement of a child;
(j) The modification of child support or the allocation of tax dependency exemptions or benefits or the division of uncovered medical expenses; or
(k) A motion to remove a parenting coordinator.
(H) Confidentiality, Privilege, and Public Access.
(1) Confidentiality. Except as provided by law, communications made as part of parenting coordination, including communications between the parties and their children and the parenting coordinator, communications between the parenting coordinator and other relevant parties, and communications with the Court, shall not be confidential.
(2) Privilege. Except as provided by law, parenting coordination shall not be privileged.
(3) Public Access. The files maintained by a parenting coordinator but not filed with the Clerk of Court or submitted to the Court shall not be available for public access pursuant to Rules 44 through 47 of the Rules of Superintendence for the Courts of Ohio.
(I) Recordkeeping of Fees and Costs.
A parenting coordinator shall maintain records necessary to document charges for services and expenses. A parenting coordinator shall issue invoices for services and expenses to parties no less than once per month.
(J) Model Standards
The Court and a parenting coordinator shall comply with the 2019 Revised Guidelines for Parenting Coordination developed by the Association of Family and Conciliation Courts Task Force on Parenting Coordination. Wherever a conflict exists between the Guidelines for Parenting Coordination and this rule, this rule shall control.
(K) Sanctions
The Court may impose sanctions for any violation of this rule which may include, but is not limited to, attorney s fees and other costs, contempt, or other appropriate sanctions at the discretion of the Court.
(Effective TBD)