1. National Cooperative Parenting Center for the children Guardian Ad Litems and Parenting Coordinators – How Best to Use Them, Stop Your Clients from Abusing Them and Present Their Testimony at Trial The Florida Bar Debra K. Carter, Ph.D. April 14, 2010 © 2009 Debra K. Carter, National Cooperative Parenting Center 1

2. National Cooperative Parenting Center for the children 2 © 2009 Debra K. Carter, National Cooperative Parenting Center I. THE CONCEPT OF PARENTING COORDINATION What is a PC? - Appropriate Expectations Roles of a PC Parenting Coordination as a Collaborative Process When to designate a PC: What is “High Conflict?” Indicators of Appropriate Designation When it is NOT Appropriate to Designate a PC PC and cases with DV, abuse, and/or neglect

3. National Cooperative Parenting Center for the children 3 © 2009 Debra K. Carter, National Cooperative Parenting Center What a PC is NOT - PC and limitations regarding dual roles Custody evaluator Crisis counselor Therapist Mediator Financial planner GAL Judge

4. National Cooperative Parenting Center for the children The PC Process Court Ordered Families Are Held Accountable Interventions are Child Focused Interventions are Direct, Goal and Future Oriented Coordinator is Proactive Coordinator is Available / Flexible with Communication Coordinator and Interventions are Solution Focused Expectation for Change is required © 2009 Debra K. Carter, National Cooperative Parenting Center 4

5. National Cooperative Parenting Center for the children 5 © 2009 Debra K. Carter, National Cooperative Parenting Center II. THE PC TIME LINE - Pragmatic Information Regarding The PC Process A.The Initial Referral Noncompliance issues B.The PC Professional Services Agreement Appropriate expectations concerning PC process C.Payment Court determines ability to pay Importance of Retainers

6. National Cooperative Parenting Center for the children 6 © 2009 Debra K. Carter, National Cooperative Parenting Center D.How PC Appointments are Scheduled Initial contact with PC to schedule first Joint vs. Individual Appointments Collateral Participants (children, significant others, grandparents, etc.) E.PC as Referral Agent Team approach Continuity of Care

7. National Cooperative Parenting Center for the children 7 © 2009 Debra K. Carter, National Cooperative Parenting Center F.Report Writing/Addressing the court What to expect in a PC Report Status Conferences G.Duration of PC Designation Time Frame (addressed by the Court; stipulated by the parties) Phase Out Period/Periodic Tune Ups

8. National Cooperative Parenting Center for the children 8 © 2009 Debra K. Carter, National Cooperative Parenting Center III. THE BENEFITS OF PARENTING COORDINATION FOR HIGH CONFLICT FAMILIES A.PC Provides Case Management Monitors Compliance and Progress Assures Continuity of Care Maximizes Attorney’s Use of Time for Legal Rather Than Non-legal Matters B.PC Provides Clients with Structure Issues Addressed in Timely Manner Before Conflict is Exacerbated Assures Positive Progress

9. National Cooperative Parenting Center for the children 9 © 2009 Debra K. Carter, National Cooperative Parenting Center C.PC Provides Reduction of Mis-communication and Manipulative Behaviors - Minimizes the “he said/she said factor” Encourages Cooperation Facilitates Agreements Observes Patterns of Appropriate and Inappropriate Behavior D.PC as Educator Encourages Independence from Adversarial Arena Focuses on Best Interests of Child(ren) Provides Information and Resources

10. National Cooperative Parenting Center for the children 10 © 2009 Debra K. Carter, National Cooperative Parenting Center E.Saves Time and Money F.Ensures Execution of Court Order Reduces Need for Emergency Motions Provides Conflict Management

11. National Cooperative Parenting Center for the children 11 © 2009 Debra K. Carter, National Cooperative Parenting Center IV. AGREED ORDER APPOINTING PARENTING COORDINATOR A.Who Can and Who Cannot be a PC in Florida Current Qualifications set forth in F.S. 61.125 PC Agreed Upon by the Parties B.Who Pays the PC and How is it Collected The Problems with an Initial Equal split of PC Fees What Attorneys can do to Protect their Clients from a Substantially Large PC Bill

12. National Cooperative Parenting Center for the children 12 © 2009 Debra K. Carter, National Cooperative Parenting Center C.Granting of and Limitations of PC Authority PCs power and authority pursuant to the Order of Referral D.Obtaining PC Reports and Testimony; prerequisites and requirements as set forth in Rule 12.742 Obtaining written reports from the PC and how they could be used Evidentiary issues Show the Judge good cause so the PC could Testify/Deposing the PC PC and Testimony - when to subpoena

13. National Cooperative Parenting Center for the children 13 © 2009 Debra K. Carter, National Cooperative Parenting Center V. Practical and Procedural Information Regarding PC A.How the PC works with the Court Collaborative rather than Adversarial Order of Referral per Circuit Response Forms B.Designation/Referral to PC Designation directly from the Judge

14. National Cooperative Parenting Center for the children 14 © 2009 Debra K. Carter, National Cooperative Parenting Center C.Working Together - The PC, Attorney, and GAL D.Monitoring progress Confidentiality Request for status conference PC Withdrawal/Termination