Why would you hire a parenting coordinator if you have a court order or parenting agreement?

Family coordination helps you follow the parenting part of your court order or family arbitration award, or separation agreement. They will interpret the court order for you. This is a voluntary process where both parents need to agree. You cannot be forced to use it. 

Which laws govern parenting coordination?

It is governed by the Ontario Arbitration Act and the Family Law Act (section 59.7 and following).

Does a parent coordinator decide major things?

A parenting coordinator doesn’t decide on major things such as decision-making responsibility or parenting time (formerly called: custody and access). The parenting coordinator’s role is to instead help parties minimize parental conflict through developing effective problem-solving and communication skills, while also helping with the successful implementation of a parenting plan.professional or lawyer.

What kind of matters can a parenting coordinator help you with?

The parenting coordinator helps with minor issues such as:

• Minor changes to parenting access plans such as vacations and holidays
• The scheduling of activities and arranging for pick up/drop off to these activities (could include ballet, hockey, tutoring, etc.)
• How children’s belongings are moved between parents homes

Overall parent coordinators are trained to help understand the needs of the children, help parents discuss parenting issues and keep children out of conflicts between parents.

What is secondary arbitration?

If a parenting coordinator has to decide an issue, it is called secondary arbitration. The parenting coordinator does not have to follow the usual rules involved in family arbitration. In terms of secondary arbitration, you can set up the process prior to problems even arising (ex: sign an agreement to use a parenting coordinator in the future). In other words, you can set up a process before the problem arises. This is not allowed in family arbitration.  Also, you don’t require independent legal advice (ILA) as you likely at that stage already have a court order, family arbitration award, and/or separation agreement prior to working with the coordinator. The family coordinator may require you obtain ILA.

How does this differ from arbitration?

In typical arbitration, the arbitrator is usually a legally trained professional (i.e. lawyer or retired judge), who is empowered to make binding decisions on all matters in the dispute. However, in secondary arbitration, the parenting coordinator acts as both a mediator and an arbitrator. This process emphasizes the dynamics of co-parenting and works in the best interests of the children.

Why use parenteral coordination?

A parenting coordinator is useful when an individual and their ex-partner are experiencing difficulties with ongoing communication and decision making regarding their children. You must have a parenting plan in place prior to working with a parenting coordinator as their primary role is to help implement that plan. It may also be faster than going to court once the process is agreed upon. It is typically cheaper than going to court for resolving minor parenting issues

What is open and closed parenting coordination?

Open parenting coordination: means that anyone may give evidence in court regarding what happened through the coordination process

Closed parenting coordination: usually means that what happens at meeting with the parent coordinator is kept private/confidential.

What are the reasons to not use parenteral coordination?

Some reasons as to why you should not use parenting coordination include:

• Not having a court order, family arbitration award, or separation agreement in place prior to working with a parent coordinator
• Not having both parents first sign on all details regarding parent coordination agreement
• Cost considerations
• Haven’t agreed in advance to a set period of time to use parenting coordinator services (usually requires parents agree to services for at least several months)

What training do parent coordinators have?

Parent coordinators are mental health or legal professionals.

• They typically have accreditation through:
  • The Ontario Association for Family Mediation
  • Family Mediation Canada
  • The DR Institute of Ontario

A certified mediator or arbitrator has completed special training and must have professional liability insurance.

Why is screening necessary?

Screening is done to ensure that parenting coordination will be fair and safe for all parties involved. Parenting coordinators must do screening to find out if there are things such as a history of partner abuse, any mental illness, etc. This would help the parenting coordinator help set up additional meeting requirements such as speaking in separate rooms or meeting at different times altogether if necessary. In some cases the parenting coordinator may decide that they cannot make the process fair/safe, which in this case would likely require parties going to court as it may be the only other option to resolve issues.

What does a parenting coordinator agreement contain?

Agreements with parenting coordinators typically contain:

• The role of the coordinator
• How long it is expected all parties work together with the coordinator
• The date of the court order, family arbitration award, and/or separation agreement that the parenting coordination agreement relates to
• Who will be paying for the services
• Whether the process is open or closed
• How all communication will be handled

What is a consent award?

A consent award is a formally written document that details agreed upon issues between the parenting coordinator. The consent award typically adds new details to help you follow the outlined court order, family arbitration award, or separation agreement moving forward.

If you don’t agree, what does the parenting coordinator do?

If you or both parties cannot agree with the parenting coordinator regarding issues to be addressed, the parenting coordinator moves to arbitration and will decide for you. The coordinator must apply Ontario laws when deciding on the issues at hand, and the decisions about a child must be made in their best interests.

What is the decision of a parenting coordinator called?

The decision that the parenting coordinator makes is called a family arbitration award

Can you appeal the parenting coordinator’s decision?

If a parent does not agree with the outlined family arbitration award, it can be appealed to a court in some cases. An appeal may occur if it is believed that the parenting coordinator did not apply the law correctly, but there may also be additional reasons as to why you can appeal.