1

You are the court appointed PC for a Husband and Wife who are separated, seeking divorce, and primary custody of their ten year old daughter.  The court has entered a temporary order outlining time sharing arrangements between the parties. A court appointed custody evaluator is in the process of completing an evaluation for the court. During one of the PC sessions, the Husband presents an email he received from the child which had been intercepted from her mother’s email account.  The email stated that the Wife is aware that her paramour does not want  her to be primary custodian of the child as it will hinder their plans but she needs to fight the battle so that child will not feel that she does not

2

want her. The child had previously expressed a preference to live with her mother, but according to the Husband, the child now wants to live with her father. 

  What, if any, dilemma is there for the PC?   Should the PC notify the custody evaluator?   What is the PC’s responsibility regarding sharing the email

with the court?   What recommendations, if any, should the PC present to the

parents regarding the child?

3

Mom and Dad are in the middle of a Modification action and you have been appointed as the PC to implement the parenting plan as defined by the parties’ original Final Dissolution of Marriage.  Mom was designated  primary residential parent and the contact schedule was defined as “liberal visitation as agreed upon by the parties.”  Dad is now seeking custody of the children claiming Mom is a cocaine addict,  

Should the PC alert both Mom and Dad’s attorneys?   What if any dilemma is there for the PC?

4

however a custody evaluation has not been ordered.  They have three children aged 8, 5, and 3 years. 

During the pendency of the action, Mom is arrested by police on drug possession charges which she claims was a “set up” by the former Husband.  Police had stopped her vehicle after an anonymous tip that the driver was driving erratically.  Upon search of her vehicle, police found a “bong” and 10 grams of cocaine.  At the next session, Husband notifies PC of Mom’s arrest.

What is the PC’s responsibility to report the arrest to the court?   Should the PC notify child protective services?

5

          Wife files for divorce.  Husband who has a history of substance abuse, is devastated and wants to work on reconciliation.  Wife says no and tell him that she has been in another relationship for the past two years and wants out as soon as possible.  After hearing the news the Husband sends that Wife a barrage of emails and voice mails in which he threatens to “pull a Charlie Manson” on her and her boyfriend.  Husband later calls his lawyer and confesses that he was drunk when he made the calls and sent the emails.  He vows never to do it again.  Husband’s attorney and Wife’s attorney confer. 

6

Wife agrees not to file a Restraining Order but she wants a PC to confer on the issue of access and custodial arrangements for their 10 year old son.  The parties consent to using a PC and the court orders the PC to assist the parties in developing a temporary time sharing arrangement pending outcome of the divorce.

  Three weeks later during an office conference with his lawyer, the

Husband says in a serious tone:  “I shouldn’t have emailed her, I should have just done it (Charlie Manson).”  The lawyer calls the PC

and notifies her of his client’s comment, requesting her recommendations.

7

Methods of Defining Practice Guidelines

Statute Administrative Order Local Rule Professional Organization Guidelines Practitioner Service Agreement

8

TX AFCC Historical Context 1999 chapter organizational meeting goals

Family Violence: conference theme Voice of Child in Parenting Plans: conference theme & survey with report

on website 2003 Service Models Project to assess services available &

needed for high conflict families Identify & define current services Promote addition of Parenting Coordinator services Web directory of services + standards of practice Educate legal & mental health professionals + consumers Identify practice models used in Texas

9

TX AFCC Jumpstart Process July 2004:

Harry Tindall volunteered to write Parenting Plan & Parenting Coordinator bill for 2005 legislative session

July 2004: Bill edited by TX AFCC Past-President, President, and

President-Elect [2 judges & 1 therapist] August 2004:

TX AFCC Board reviewed & wrote support letter of concepts with special concerns identified

November 2004: TX AFCC conference on services for high conflict families,

including proposed bill

10

Bill Run by Legislative Process 12-17-2004:

Bill filed by House sponsor 3-9-2005:

Individual support members from TX AFCC collaborated with TX Council on Family Violence to revise wording of bill

3-16-2005: Individuals testified before House Committee with no opposition

4-21-2005: House vote

5-12-2005: Unanimous approval by Senate Committee

5-24-2005: Senate vote

6-17-2005: Governor signed

9-1-2005: Went into effect

2007 legislative session: Amendments

11

What We Learned in Texas About Getting Legislation Passed

Internal conflicts among service providers and between professionals are the greatest challenges to overcome

Working out agreements with family violence advocates goes well if approached with an open mind and problem solving focus

12

What We Learned in Texas About Getting Legislation Passed contd

Having a well drafted bill technically is critical

Having strategically positioned sponsor/s is critical

The reputation and professionalism of supporters is more important than the number of supporters

13

What We Learned in Texas About Getting Legislation Passed contd

Keep goals modest and enactable Be flexible in accepting reasonable changes Patience is the key in the legislative process Be a long-term planner and keep the big

picture in focus

14

What We Learned in Texas About Getting Legislation Passed contd

AFCC is a facilitator but not the controller of the process

AFCC chapter collaborating with other state organizations focused on family issues with lobbying status creates a good team

15

What We Learned in Texas About Getting Legislation Passed contd

It’s not over when it’s over

16

PC StatutesRefer to Conference Book

Workshop # 33: Defining PC to Meet Local Needs & National Uniformity

17

Core Identifying Elements of PC

Title used Definition Goals Requirements for Ordering Provider Qualifications Report to Court Decision-Making Authority

18

States with Statutory Guidelines

Minnesota - 1989 Oklahoma - 2001 Idaho - 2002 Oregon - 2003 Colorado - 2005 Texas - 2005 North Carolina - 2005

19

Similarities & Differences Among States

Titles used 5 of the 7 states use Parenting Coordinator

Definitions & goals Impartial party who assists parents in conflict resolution Includes improving communication, resolving parenting

disputes, creating parenting plans, & implementing plans Requirements for ordering

Parental agreement to order encouraged Imposing requires consideration of constitutional rights 4 of 7 states say parents must be able to pay for services 3 of 7 identify a possible exclusion for family violence

20

Similarities & Differences Among States

PC qualifications Diverse but similar to traditional family mediator

Confidentiality Records & testimony generally protected in

accordance with HIPAA Decision making authority

Non-substantive temporary decisions in some states Can be combined with arbitration role in Colorado Parents can agree to allow PC to make decisions

21

Legislative Comparison

Texas PC Statute Signed July 2005 Title used: Parenting

Coordinator Defined as impartial 3rd

party to assist parties in resolving parenting issues in SAPCR

Colorado PC Statute Signed July 2005 Title used: Parenting

Coordinator Defined as neutral 3rd

party to assist in resolution of disputes concerning parental responsibilities

22

Goals of PC Texas

Identifying disputed issues Reducing

misunderstandings Clarifying priorities Exploring possibilities for

problem solving Developing methods of

collaboration in parenting Educating re parenting plan

& facilitating agreements Complying with court’s

order

Colorado Assist in creating guidelines

for implementing parenting plan

Communication guidelines & skills

Parenting skill resources Identify causes of conflict Parenting strategies to

minimize conflict

23

Requirements for Ordering Texas

Agreement OR High conflict Best interest of child with

good cause shown Family violence

exclusion if verified by court hearing

Must be able to pay cost unless government agency provides service

Colorado Failed to implement

parenting plan Mediation inappropriate

or failed Best interest of child Consider domestic

violence impact on ability to engage in PC

24

Provider Qualifications

Texas Set by court with

minimum of: MH bachelor’s degree +

16-hr minimum PC training OR

MH master’s degree with family & child emphasis

Minimum 8 hrs family violence training

Colorado Current/past/future

evaluator excluded

25

Report to Court

Texas Records & testimony

privileged Report to court whether

process should continue

Colorado Records & testimony

privileged except by agreement of parties

26

Decision-Making Authority

Texas Facilitate agreements but

no authority to make binding decisions

Submit agreements to court for approval

Colorado Can be combined with

appointment of decision-maker by agreement of parties

Decision-maker has binding authority to resolve disputes concerning children [parenting time, disputed parental decisions, & child support]

Decisions subject to de novo hearing

27

Statute References

Texas Filed bills in legislature

[HB 555 in 2007]

http://www.legis.state. tx.us/

Statutes [Texas Family Code §153.601-611]

http://tlo2.tlc.state.tx.us/

statutes/statutes.html

Colorado Colorado Revised

Statutes 14-10-128.1

www.courts.state.co.us

28

Small Group Questions

What factors would you consider in deciding whether to pursue PC legislation?

What guidelines must be included in legislation to provide consistency?

How would you promote implementation of the statute?