Form 16-19

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Order Appointing Parenting Facilitator

[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 facilitator be appointed/this case is a high-conflict case]. The Court further finds that [name] meets the requirements of section 153.6101 of the Texas Family Code, as documented by [name].

IT IS THEREFORE ORDERED that [name] is appointed as parenting facilitator. 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 facilitator.

The first parenting facilitation 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 facilitation ses­sion can be scheduled within [number] days, the parenting facilitator shall select a date within [number] days, and all parties shall appear as directed by the parenting facilitator. The dura­tion of, frequency of, and parties in attendance at each parenting facilitation session shall be left to the discretion of the parenting facilitator, 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 facilitator’s duties are [specify]. The duties of the parenting facilitator 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; settling disputes regarding parenting issues and reaching a proposed joint resolution or statement of intent regarding those disputes; and monitoring compliance with the Court’s orders. In performing these duties, the parenting facilitator shall comply with the stan­dard of care that applies to the parenting facilitator’s professional license.

The appointment of a parenting facilitator 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 facilitator may not modify any order, judgment, or decree.

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 facilitation].

IT IS ORDERED that the fees of the parenting facilitator 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 facilitator the assigned fees according to the policies of the parenting facilitator. The Court reserves the right to order a reasonable fee for the parenting facilitator as a money judgment to be paid directly to the parenting facilitator, which judgment may be enforced by any means available under law for civil judgments.

IT IS ORDERED that the parenting facilitator 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. [Include if applicable: IT IS FURTHER ORDERED that the report may include a recommendation to the parties to implement or clarify provisions of the Court’s order that are consistent with the intent of the order and in the best interest of the child[ren]. Such a recommendation will not affect the terms of the Court’s order.] IT IS FURTHER ORDERED that the report may include any [other] information required by the Court but may not include recommendations regarding the conservatorship of or the possession of or access to the child[ren].

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

IT IS ORDERED that the parenting facilitator 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 the child[ren]. The parenting facilitator may not draft the proposal or statement.

Notwithstanding any rule, standard of care, or privilege that applies to the parenting facilitator’s professional license, a communication made by a participant in parenting facilita­tion is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence. IT IS ORDERED that the parenting facilita­tor may be required to testify in any proceeding relating to or arising from the parenting facil­itator’s duties, including as to the basis for any recommendation made to the parties that arises from those duties.

IT IS ORDERED that the parenting facilitator shall keep a detailed record regarding meetings and contacts with the parties, attorneys, or other persons involved in the suit and shall keep the records until the seventh anniversary of the date the facilitator’s services are ter­minated, unless a rule adopted by the licensing authority that issues the facilitator’s profes­sional license establishes a different retention period. IT IS FURTHER ORDERED that no record created as part of the parenting facilitation that arises from the parenting facilitator’s duties is confidential. IT IS FURTHER ORDERED that, on request, the parenting facilitator shall make the records available to an attorney for a party, an attorney for the child[ren], and a party who does not have an attorney.

IT IS ORDERED that, if the parenting facilitator has a conflict of interest with, or pre­vious knowledge of, a party or a child the subject of this suit, the parenting facilitator shall, before accepting this appointment, disclose the conflict or previous knowledge to the Court, each attorney for a party, any attorney for the child[ren], and any party who does not have an attorney and shall decline this appointment unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the parenting facilitator’s appointment as parenting facilitator.

IT IS ORDERED that, before accepting this appointment, the parenting facilitator shall disclose to the Court, each attorney for a party, any attorney for the child[ren], and any party who does not have an attorney the following: a pecuniary relationship with an attorney, party, or child in this suit; a relationship of confidence or trust with an attorney, party, or child in this suit; and other information regarding an relationship with an attorney, party, or child in this suit that might reasonably affect the parenting facilitator’s ability to act impartially during ser­vice as parenting facilitator. IT IS ORDERED that if the parenting facilitator makes such a disclosure, the parenting facilitator shall decline this appointment unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the parenting facilitator’s ser­vice as parenting facilitator.

IT IS ORDERED that if the parenting facilitator discovers that the parenting facilitator has a conflict of interest with, or previous knowledge of, a party or a child the subject of the suit, the parenting facilitator shall immediately disclose the conflict or previous knowledge to the Court, each attorney for a party, any attorney for the child[ren], and any party who does not have an attorney and shall withdraw unless, after the disclosure, the parties and the child’s attorney, if any, agree in writing to the parenting facilitator’s continuation as parenting facili­tator.

IT IS ORDERED that the parenting facilitator must decline appointment in this suit if the parenting facilitator has served in any other professional capacity at any other time with any person who is a party to, or the subject of, this suit, or with any member of the family (as defined in section 71.003 of the Texas Family Code) of a party or subject, except as a teacher of coparenting skills in a class conducted in a group setting.

IT IS ORDERED that the parenting facilitator shall promptly and simultaneously dis­close to each party’s attorney, any attorney for the child[ren], and any party who does not have an attorney the existence and substance of any communication between the parenting facilitator and another person, including a party, a party’s attorney, a child who is the subject of the suit, and any attorney for the child[ren], if the communication occurred outside a par­enting facilitation session and involved the substance of parenting facilitation.

Referral to parenting facilitation is not a substitute for trial, and the case may be tried if not settled or agreed to continue in parenting facilitation or other intervention service. The Court shall remove the parenting facilitator on the request and agreement of all parties, on the request of the parenting facilitator, on the motion of a party if good cause is shown, or if the parenting facilitator ceases to satisfy the minimum qualifications required by section 153.6101 of the Texas Family Code.

SIGNED on ________________________________.

   
JUDGE PRESIDING