As any divorced or recently single parent knows, the conclusion of custody litigation does not end interactions or disputes between the parties. Indeed, it oftentimes only marks the beginning of a co-parenting relationship that could last as long as 18 more years. Simply because litigation concludes does not necessarily mean that hostilities dissipate. These hostilities can sometimes lead to seemingly never-ending bouts of litigation between the parties, or a party not advocating for what they believe is best for their child out of fear of the threat and expense of a new phase of litigation.
Oklahoma Legislature has recognized the concern of protracted custody litigation and has codified a role for third parties to assist parents in navigating co-parenting issues called parenting coordinators. A parenting coordinator is an impartial third party who assists custodians of children in “resolving issues and deciding disputed issues.” In essence, a parenting coordinator can assist the parties to resolve disputes that should not or cannot practically warrant intervention by a Court in the first place.
A Court may appoint a parenting coordinator either on its own accord or by motion of one of the parties. In order to appoint a parenting coordinator over the objection of a party, the Court must make a specific finding that the case is a “high conflict case” and that the appointment of the parenting coordinator is in the best interests of the child in the case. A high conflict case is defined by the statutes as one in which parties demonstrate a pattern of ongoing litigation, anger and distrust, verbal abuse, physical aggression or threats of physical aggression, difficulty in communication about and cooperating in the care of their children, or conditions that in the discretion of the Court warrant the appointment of a parenting coordinator. As a practical matter, there is rarely a case bought in front of a family law judge where there is not a pattern of ongoing litigation, anger and distrust or difficulty in communicating about and cooperating in the care of the children. Therefore, it is a rare case in which a movant is not able to carry his or her burden to justify the appointment of a parenting coordinator.
A good parenting coordinator will be able to assist the parties, most often, in one of two ways: (1) working as a mediator to allow the parties to air their grievances about a child-related disagreement and assisting them in reaching an agreement on their own; or (2) in the event the parties have an intractable disagreement, acting as a “referee” after hearing both parties’ positions and issuing recommendations to resolve the disagreement.
The Oklahoma Parenting Coordinator Act sets forth procedures and rules for how the parenting coordinator conducts meetings with parents. Typically, when the parties have a disagreement(s) one or both will contact the parenting coordinator and provide a list of the items to be discussed at a parenting coordinator meeting. The parenting coordinator will then set an itinerary and schedule a meeting with the parties to discuss those issues. Depending on the parenting coordinator, and on the parties, meetings may occur in person or remotely (far more frequently after the pandemic) with both parties present at the same time, or meetings may be conducted with both parties separately. After the meeting(s) the parenting coordinator will typically issue a written report that is provided to the parties and the Court memorializing any agreements reached between the parties and providing recommendations for those issues that the parties were unable to agree. Both parties then have 10 days to file any written objections to the parenting coordinator’s report.
Importantly, a parenting coordinator cannot issue a report that modifies any of the Court’s orders – for example, a parenting coordinator cannot recommend or decide that a modification to legal or physical custody take place. Such “large ticket” issues remain the province of the Court. More frequently, parents come to parenting coordinators to help resolve more typical “everyday” issues, such as selecting a childcare provider, extracurricular activities, medical treatment, and educational issues. These issues, while extremely important to the parties and their children, cannot be readily resolved by a Court with any degree of timeliness, and to litigate such issues could cost thousands of dollars. The parenting coordinator, on the other hand, can meet with parties to resolve such issues far more quickly and much less expensively.
Though a Court must make a finding of a high conflict case when parties disagree about appointing a parenting coordinator, many parents, even those who have an amicable co-parenting relationship, agree to have a parenting coordinator appointed and available when issues do arise can help resolve disputes that may otherwise become nasty in an amicable way and efficient way. Doerner, Saunders, Daniel & Anderson, LLP has experienced attorneys who are well-trained and have significant knowledge to serve as parenting coordinators. Please contact us at 918.582.1211 if you have any questions.
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