Parenting Coordination in High-Conflict Custody Cases

By: Jarbath Peña Law Group

When parents separate, ongoing disagreements are common. But for some families, the conflict is so persistent and intense that it harms their ability to co-parent effectively. In these high-conflict custody cases, every decision can become a battle, leaving children caught in a constant state of turmoil. When traditional methods fail to bring peace, Florida courts may recommend a process known as parenting coordination.

Parenting coordination is a child-focused dispute resolution process designed to help high-conflict parents implement their parenting plan, under Fla. Stat. § 61.125. It provides a structured way to resolve disagreements, reduce conflict, and shield children from parental disputes. At Jarbath Pena Law Group, we have seen how this process can transform a volatile co-parenting dynamic into a functional one. This informational guide explains what parenting coordination is, how it works, and why it can be an invaluable tool for families in crisis.

What is a Parenting Coordinator?

A parenting coordinator (PC) is a neutral third party, typically a qualified mental health professional or family law attorney, appointed by the court or agreed upon by the parents. PCs must meet specific statutory qualifications, such as training in family mediation, domestic violence, child development, etc. Their primary role is to help parents resolve day-to-day disputes related to their children and parenting plan. Unlike a judge, who makes broad legal rulings, a PC focuses on the specific, ongoing issues that fuel conflict. A PC’s decision-making authority must be specifically granted by the judge and is limited to minor issues necessary to implement the parenting plan.

The goal of a PC is not to provide therapy or legal advice but to facilitate communication, educate parents on the impact of their conflict, and empower them to make decisions in their child's best interest. They act as a guide, mediator, and, when necessary, a decision-maker on minor issues to prevent parents from repeatedly returning to court. Florida does allow “limited decision-making authority” when authorized by the court order, as long as it does not modify timesharing or parental responsibility.

How Does the Parenting Coordination Process Work?

The process begins with a court order appointing a PC. This may be done by agreement by both parents, or by request of one of the parents, should the Court find good cause. This order outlines the scope of the coordinator's authority, the duration of their appointment (typically up to two years), and how their fees will be paid. Once appointed, the PC will typically:

1. Meet with Both Parents: The PC will hold initial meetings with each parent separately and together to understand the history of the conflict, the nature of their disputes, and the needs of their children.

2. Establish Communication Protocols: A key task is to create clear rules for communication. This often involves encouraging the use of business-like communication methods, such as a co-parenting app or email, and teaching parents how to avoid inflammatory language.

3. Facilitate Dispute Resolution: When a disagreement arises, parents bring it to the PC instead of heading to court. The PC helps them mediate the issue. For example, if parents disagree on which summer camp the child should attend, the PC will help them discuss the options, pros, and cons, and guide them toward a mutual decision.

4. Make Recommendations or Decisions: If parents cannot reach an agreement despite mediation, the PC may be authorized by the court to make a written recommendation to the court or, in some cases, a binding decision on minor issues. This authority is limited and does not allow the PC to make substantial changes to the court-ordered parenting plan, such as altering the timesharing schedule.

Parenting coordination is confidential, except for:

• threats of harm, child abuse, or neglect

• communications necessary to enforce the court order

• the PC’s reports required by statute (e.g., reports of an impasse, or emergency reports, such as the wrongful removal from the jurisdiction)

  
  

Absent the exceptions above, the process is confidential, which allows the parents to speak openly without fear that their words will be used against them in court, with specific exceptions for reporting abuse or threats of harm.

When is Parenting Coordination the Right Choice?

Parenting coordination is specifically designed for high-conflict cases where parents have demonstrated an inability to co-parent effectively. While it is unlikely that a parenting coordinator will be assigned if there is a history of domestic violence, courts can still order parenting coordination even if there is a history of domestic violence, but only if: both parents consent, or the court makes specific findings that the victim can safely participate.

PC is most beneficial in situations involving:

• Chronic Disagreements: Parents who argue constantly about schedules, extracurricular activities, or medical decisions.

• Poor Communication: Couples who are unable to communicate respectfully or who use their children as messengers.

• Repeated Litigation: Parents who frequently file motions and return to court over minor issues, draining their financial and emotional resources.

• Concerns about a Parent's Judgment: Situations where one parent has concerns about the other's decision-making but lacks grounds for a major custody modification.

For example, a PC can help resolve disputes over holiday exchanges, last-minute changes to the schedule, disagreements about a child's haircut, or differing opinions on discipline. By handling these smaller conflicts, the PC frees up the court system and helps parents build skills for future problem-solving.

The Benefits of Parenting Coordination

The primary benefit of parenting coordination is the well-being of the children. Reducing parental conflict is one of the most important things you can do to promote your child's emotional and psychological health after a divorce. Other key benefits include:

• Cost-Effectiveness: Resolving disputes with a PC is significantly cheaper than filing motions and paying attorneys for court appearances.

• Timely Resolutions: A PC can address an issue within days, whereas getting a court hearing can take weeks or months.

• Reduced Stress: Having a neutral professional to guide conversations lowers the emotional temperature and reduces stress for both parents and children. Reducing parental conflict improves child mental health.

• Skill Building: Parents learn better communication and problem-solving skills that can serve them long after the PC's appointment has ended. Skill-building is one of the intended purposes under the statute.

• Child-Focused Decisions: The process keeps the focus where it belongs: on the needs and best interests of the children.

Let Us Help Guide You

You don’t have to navigate high-conflict custody challenges alone. At Jarbath Pena Law Group, we are here to provide supportive guidance and clear solutions through every step of the parenting coordination process. Our team is committed to helping you find stability, build healthier co-parenting relationships, and create a more peaceful future for your children.

If you are facing a high-conflict custody situation and want to learn how parenting coordination can help, let us guide you. Call Jarbath Pena Law Group at 305-615-1005 or visit www.jp-lawgroup.com to schedule a consultation.