Post Litigation

• Jurisdiction: Maryland

VIII. POST LITIGATION

A. Parenting coordinator

The use of a "parenting coordinator" in high conflict custody cases is growing in its frequency in the world of custody, visitation, and divorce. A parenting coordinator is typically a mental health professional or a lawyer appointed by the court to help parents resolve disputes about what is in the best long term interests for their children. Statistically, children enmeshed in high levels of parental conflict in divorce situations are at risk for poor social development, behaviors associated with anger, depression, and a variety of forms of addiction. Absent the involvement of a parenting coordinator, (1) the parent who is dominant for emotional or economic reasons can continue to assert their will on the other parent, or (2) a parent feeling excluded or aggrieved must resort to the court system to rectify their grievances, a process both slow and costly.

From the perspective of the court system, the role of the parenting coordinator serves at least two important purposes: First, to reduce the frequency of "post-divorce" parental disputes regarding the children. Even after a custody case is decided, high conflict cases generate an enormous amount of litigation between parents who continue to disagree about schedules, overnight visitation, school and extracurricular activities, exchanges of children for parenting time, holiday scheduling, discipline, health issues, and problematic behaviors on the part of one or both parents. It is hoped that having a parenting coordinator address these problems with the potential litigants as they arise will reduce the time otherwise spent in court. Second, the ongoing nature of the parenting coordinator's involvement is reassuring to the Judges who are called upon to resolve custody disputes which the children's parents have been unable to resolve. Once the court's decision has been made, the family (and its children) are "cut loose," notwithstanding the obvious reality that the family psychodynamics will continue to function in the reconstituted divorced family as the parents continue to disagree about a variety of details with respect to their children and their best interests. The oft repeated notion that "things will settle down after the litigation is over" is a helpful bromide that is often a necessary solace for the court after it is compelled to render a custody decision. However, it is just not the reality in many types of cases. By appointing a parenting coordinator, the court has a vehicle to continue to monitor the family and to better protect the interests of the children over whom the court is supposed to act as "parens patriae." The parenting coordinator serves this function and gives the court, perhaps, some reassurance that its decision may have a more constructive conclusion for the children trapped in the parental crossfire.

1. Structure and format

Courts have authority to appoint a parenting coordinator in a Maryland custody case or parties may agree upon the appointment of a parenting coordinator. Md. Rule 9-205.2 applies to parenting coordination in an initial custody action or when modifying an existing custody order or judgment.

2. Maryland Rule 9-205.2

(a) Applicability. This Rule applies to the appointment of parenting coordinators by a court and to consent orders approving the employment of parenting coordinators by the parties in actions under this Chapter.
(b) Definitions. In this Rule, the following definitions apply:

(1) Parenting Coordination. "Parenting coordination" means a process in which the parties work with a parenting coordinator to reduce the effects or potential effects of conflict on the parties' child. Although parenting coordination may draw upon alternative dispute resolution techniques, parenting coordination is not governed by the Rules in Title 17, except as otherwise provided in this Rule.

(2) Parenting Coordinator. "Parenting coordinator" means an impartial provider of parenting coordination services.

(c) Qualifications of Parenting Coordinator

(1) Age, Education, and Experience. A parenting coordinator must:

(A) be at least 21 years old and hold a bachelor's degree from an accredited college or university;

(B) hold a post-graduate degree in psychology, social work, counseling, negotiation, conflict management, or a related subject area, or from an accredited medical or law school;

(C) have at least three years of related professional experience undertaken after receiving the post-graduate degree; and

(D) hold a current license if required in the individual's area of practice.

(2) Parenting Coordination Training. A parenting coordinator "shall have completed"

(A) at least 20 hours of training in a family mediation training program meeting the requirements of Rule 17-106(b); and

(B) at least 40 hours of accredited specialty training in topics related to parenting coordination, including conflict coaching, developmental stages of children, dynamics of high conflict families, family violence dynamics, parenting skills, problem-solving techniques, and the stages and effects of divorce.

(3) Continuing Education. Within each calendar year, a parenting coordinator shall complete a minimum of four hours of continuing education approved by the Administrative Office of the Courts in one or more of the topics listed in subsection (c)(2) of this Rule and in recent developments in family law. The Administrative Office shall maintain a list of approved continuing education programs.

(d) Parenting Coordinator Lists. An individual who has the qualifications listed in section (c) of this Rule and seeks court appointment as a parenting coordinator shall submit an application to the family support services coordinator of the circuit court for each county in which the individual seeks appointment. The application shall document that the individual meets the qualifications required in section (c) of this Rule. If satisfied that the applicant meets the qualifications, the family support services coordinator shall place the applicant's name on a list of qualified individuals which, together with the information submitted by each individual on the list, shall be accessible to the public.
(e) Approval of Parenting Coordinator Employed by Parties. In any action in which the custody of or visitation with a child of the parties is or was at issue, the parties, by agreement, may employ a parenting coordinator to assist them in dealing with existing or future conflicts regarding their access to and responsibilities for the child. The parties may jointly request the court to enter a consent order approving the agreement. The court shall enter such an order if it finds that the parenting coordinator has the qualifications set forth in section (c) of this Rule and that the agreement:

(1) is in writing and signed by the parties and the parenting coordinator;

(2) states the services to be provided by the parenting coordinator;

(3) states the extent to which the parenting coordinator may receive confidential or privileged information pertaining to the child or the parties and any limitations on the use of that information by the parenting coordinator;

(4) states the amount or rate of compensation to be paid to the parenting coordinator, which may exceed the amount or rate provided for in section (k) of this Rule; and

(5) is otherwise consistent with the best interest of the child.

(f) Appointment of Parenting Coordinator by Court. In an action in which the custody of or visitation with a child of the parties is in issue and the court determines that the level of conflict between the parties with respect to that issue so warrants, the court may appoint a parenting coordinator in accordance with this section.

(1) Appointment During Pendency of Action. On motion of a party, on joint request of the parties, or on the court's own initiative and after notice and hearing, the court may appoint a parenting coordinator during the pendency of the action. Unless sooner terminated in accordance with this Rule, the appointment shall terminate upon the entry of a judgment granting or modifying custody or visitation.

(2) Appointment Upon Entry of Judgment. Upon entry of a judgment granting or modifying custody or visitation, the court, with the consent of the parties and after a hearing, may appoint a parenting coordinator. The court may appoint the individual who served as a parenting coordinator during the pendency of the action. Unless sooner terminated in accordance with this Rule, the appointment of a post-judgment parenting coordinator shall not exceed two years unless the parties and the parenting coordinator agree in writing to an extension for a specified longer period.
(3) Selection. The court may not appoint an individual as a parenting coordinator unless the individual:

(A) has the qualifications listed in section (c) of this Rule,

(B) is willing to serve as the parenting coordinator in the action, and

(C) agrees not to charge or accept a fee in excess of that allowed in the applicable fee schedule adopted pursuant to subsection (k)(1) of this Rule.

(4) Contents of Order or Judgement. An order or judgement appointing a parenting coordinator shall include

(A) the name, business address, e-mail address, and telephone number of the parenting coordinator;

(B) if there are allegations or findings of domestic violence committed by or against a party or child, any provisions the court deems necessary to address the safety and protection of the parties, all children of the parties, other children residing in the home of a party, and the parenting coordinator; and

(C) if the appointment is of a post-judgement parenting coordinator, any decision-making authority of the parenting coordinator authorized pursuant to subsection (g)(9) of this Rule.

(g) Services Permitted. As appropriate, a parenting coordinator may:

(1) if there is no operative custody and visitation order, work with the

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