Form 16-18

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order Appointing Parenting Coordinator

[Include if applicable: On [date] the Court considered the Motion for Appointment of Parenting [Coordinator/Facilitator/Coordinator or Facilitator] of [name of movant].] The Court finds that [there is good cause shown and it is in the best interest of the child[ren] the subject of this suit that a parenting coordinator be appointed/this case is a high-conflict case].

The Court further finds that [name] meets the requirements of section 153.610 of the Texas Family Code, as documented by [name].

The Court further finds that [name] meets the requirements of section 153.610(b)(1) of the Texas Family Code and has sufficient [legal/[specify other professional]] training or expe­rience in dispute resolution processes to serve as parenting coordinator, the Court waives the other requirements of section 153.610, and the parties have agreed to this waiver.

IT IS THEREFORE ORDERED that [name] is appointed as parenting coordinator. All [counsel/parties] are ordered to [fax/mail] a copy of this order and the fully completed infor­mation sheet to [name, phone number, fax number, address, e-mail address] within [number] business days of the signing of this order to schedule the first appointment with the parenting coordinator.

The first parenting coordination session shall be scheduled within [number] days of the date of the signing of this order. If no agreed-upon date for the first parenting coordination session can be scheduled within [number] days, the parenting coordinator shall select a date within [number] days, and all parties shall appear as directed by the parenting coordinator. The duration of, frequency of, and parties in attendance at each parenting coordination session shall be left to the discretion of the parenting coordinator, who is specifically authorized to notify the Court if any party is failing to comply with the spirit and letter of this order or fur­ther order of the Court.

The parenting coordinator’s duties are [specify]. The duties of the parenting coordina­tor are limited to matters that will aid the parties in the following: identifying disputed issues; reducing misunderstandings; clarifying priorities; exploring possibilities for problem solving; developing methods of collaboration in parenting; understanding parenting plans and reaching agreements about parenting issues to be included in a parenting plan; complying with the Court’s order regarding conservatorship or possession of and access to the child[ren]; imple­menting parenting plans; obtaining training regarding problem solving, conflict management, and parenting skills; and settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes.

The appointment of a parenting coordinator does not divest the Court of its exclusive jurisdiction to determine issues of conservatorship, support, and possession of and access to the child[ren] or the authority to exercise management and control of the suit. Accordingly, the parenting coordinator may not modify any order, judgment, or decree.

IT IS ORDERED that the parenting coordinator shall comply with the Ethical Guide­lines for Mediators as adopted by the Supreme Court of Texas (Misc. Docket No. 05–9107, June 13, 2005). [Include if applicable: IT IS FURTHER ORDERED that the parenting coordi­nator shall sign a statement of agreement to comply with those guidelines and shall submit the statement to this Court on acceptance of this appointment.] Failure to comply with the guide­lines will be grounds for removal of the parenting coordinator.

IT IS ORDERED that the following measures be taken to ensure the physical and emo­tional safety of [name of objecting party]: [list measures, which may include the following: IT IS ORDERED that the parties shall not have face-to-face contact and that the parties shall be placed in separate rooms during the parenting coordination].

IT IS ORDERED that the fees of the parenting coordinator shall be paid [[percent] per­cent by [name] and [percent] percent by [name]/by [name]]. [Include if applicable: Each party is responsible for that party’s defined portion of cost.] [[Name]/Each party] is ordered to pay directly to the parenting coordinator the assigned fees according to the policies of the parent­ing coordinator. The Court reserves the right to order a reasonable fee for the parenting coor­dinator as a money judgment to be paid directly to the parenting coordinator, which judgment may be enforced by any means available under law for civil judgments.

IT IS ORDERED that the parenting coordinator shall submit a written report to the Court and to the parties and their attorneys every [number] [days/months] or as requested by the parties or the Court. IT IS FURTHER ORDERED that the report must be limited to a statement of whether the parenting coordination should continue.

IT IS ORDERED that [names of parties] shall attempt to settle [specify parenting issues] with the assistance of the parenting coordinator and shall attempt to reach a proposed joint resolution or statement of intent regarding that dispute.

IT IS ORDERED that the parenting coordinator shall submit a written report describing the parties’ joint proposal or statement of intent regarding their dispute to the parties, any attorneys for the parties, and any attorney for [name[s] of child[ren]]. The parenting coordina­tor may not draft the proposal or statement.

Parenting coordination is private, confidential, and privileged, except as provided by applicable law. IT IS ORDERED that the parenting coordinator shall not be a witness, and the parenting coordinator’s records may not be subpoenaed or used as evidence. Nothing in this order shall serve to release the parenting coordinator from the legal obligation to report child, elder, or disability abuse. IT IS FURTHER ORDERED that no subpoenas, citations, writs, or other process shall be served at or near the location of any parenting coordination session on any person entering, leaving, or attending any parenting coordination session.

Referral to parenting coordination is not a substitute for trial, and the case may be tried if not settled or agreed to continue in parenting coordination or other intervention service. The Court shall remove the parenting coordinator on the request and agreement of all parties, on the request of the parenting coordinator, on the motion of a party if good cause is shown, or if the parenting coordinator ceases to satisfy the minimum qualifications required by section 153.610 of the Texas Family Code [include if applicable: except as waived in this order]. The parenting coordinator may recommend termination of the service when making a status report.

SIGNED on ________________________________.

   
JUDGE PRESIDING