by Children and Families Committee and Senators Villalobos and Lynn

Nine judicial circuits currently use parenting coordinators. However, there is no statutory authority for their use. Rather, these circuits use parenting coordinators apparently through a judicial administrative order. The bill defines “parenting plan” as a temporary or final court order setting out the residence, parental responsibility, visitation or other parental responsibility issues in dissolution of marriage proceeding or any other civil action involving custody or parenting of a child or children. The bill also defines “parenting coordination” as a process in which a parenting coordinator helps the parties implement their parenting plan by facilitating the resolution of disputes between parents or legal guardians and with the prior approval of the court, by making decisions within the scope of the court order appointing the parenting coordinator. Under the bill, the court may appoint a parenting coordinator for the parties if the court finds the parties failed to implement adequately their parenting plan; mediation has not been successful or has been determined by the judge to be inappropriate; and the appointment of a parenting coordinator is in the best interest of the child or children involved in the proceedings. The court also is directed to consider the effect any domestic violence injunction may have on the parties’ ability to engage in parenting coordination. Qualifications for a parenting coordinator are specified. Unless the parties agree to the appointment of a member of the clergy or a member of The Florida Bar in good standing offering to serve pro bono, qualifications include licensure as a mental health professional or a physician; 3 years of post-licensure experience; completion of a Florida Supreme Court certified family mediation training program. A minimum of 20 hours of parenting coordination training including: parenting coordination concepts and ethics; family dynamics in separation and divorce; the parenting coordination process; parenting coordination techniques; family court proceedings; and domestic violence. Experience as a parenting coordinator in 4 or more cases before October 1, 2004 can be substituted for licensure and post-licensure experience. The parenting coordinator is to assist the parties in implementing the parenting plan and in developing structured guidelines for implementing the plan; help in developing guidelines for communication between the parents; assist the parents in developing parenting strategies to minimize conflict; teaching communication skills and principles of child development; and educate both parents about the source of their conflict and its effect on the children. If the parties agree, the court may grant the parenting coordinator the authority to determine specific matters relating to implementing the parenting plan. The coordinator must make the determination in writing, and the coordinator’s determination is binding on the parties until the court finds otherwise. If a parenting coordinator or a parenting coordination program charges a fee, the court may refer the parties to such a person or program only if the court first determines that the parties have the ability to pay the fee. The coordinator or program may be compensated by public funds to the extent such funds are available. Communications with the parenting coordinator are not confidential, unless the court finds confidentiality is in the best interests of the child or children. The parties and the coordinator all must agree to the determination of confidentiality. A parenting coordinator is immune from liability for civil damages for any act or omission within the scope of the coordinator’s duties, unless the person acted in bad faith or with malicious purpose or in manner exhibiting wanton and willful disregard for the rights, safety, or property of the parties. If approved by the Governor, these provisions take effect October 1, 2004.