Maryland Family Law Maryland family law opinions and commentary
Parenting coordinators and mediators are both neutral third parties who focus on the best interests of children in divorce cases. But their roles are not interchangeable.
Governed by Maryland Rule 9-205.2, parenting coordination is defined as a process designed to reduce the effects or potential effects of conflict on a couple’s children. And, while a parenting coordinator, or PC, may use alternative dispute resolution techniques, the rule states that their role is distinct.
A court can order parents to work with a PC in the pre- or post-judgment phase of a case, attorneys can suggest clients consult a PC, or parents can seek out a parenting coordination professional themselves.
Help with communication
Heather McCabe, co-managing partner at McCabe Russell in Fulton, said parenting coordination can be helpful when parents struggle to understand each other.
(THE DAILY RECORD FILE PHOTO)
Heather McCabe, co-managing partner at McCabe Russell in Fulton, said parenting coordination is helpful when parents are struggling simply to understand each other.
“I recommend it most times where you have a couple that is sort of missing the ‘frequency’ of the other parent,” said McCabe, who is qualified as a parenting coordinator. “In those cases, it can be very easy for a professional, whether it’s a lawyer or a mental health person, to say, ‘You know, in translation what this person is trying to say is this,’ or ‘Hey, your email is not very friendly – you might try a different approach.’ ”
Parenting coordinators in Maryland must have a graduate degree in a field such as law, psychology or social work.
McCabe emphasized that parenting coordination is not appropriate when there is a significant power imbalance or a history of abuse between the parties.
“Not all parents can be kumbaya,” she said. “In some cases, I don’t think going to this ‘let’s all get along’ environment is going to be that useful.”
Role of parenting coordinators
Among other things, parenting coordinators are authorized to help resolve disputes over custody and visitation orders and to make minor, temporary modifications to a parenting schedule.
And, unlike mediators, parenting coordinators can be subpoenaed to produce documents and to testify as fact witnesses – which can make them very helpful for attorneys.
“It can be a nice sort of lever in our toolbox to be able to say, ‘OK, we’ll agree to a parenting coordinator, but we want that person to be able to come testify about the parenting dynamic here if it becomes problematic,’ ” McCabe said. “Knowing that person has eyes on you as a potential witness, (a parent will) probably behave a little better.”
Lindsay Parvis, partner at Joseph Greenwald & Laake, is a parenting coordinator and said they can be useful when one part has problems that disrupt a parenting schedule.
THE DAILY RECORD FILE PHOTO
Lindsay Parvis, a partner at Joseph Greenwald & Laake in Rockville and a parenting coordinator, said PCs are particularly useful when one party has problems that disrupt a parenting schedule.
“It might be around a parent who has substance issues,” she said. “Having a parenting coordinator be able to step in and work with the family on how to adjust the parenting time schedule (is helpful) so that folks aren’t in the situation where every time something goes wrong they have to go back to court.”
PCs can also assist a two-household family when geography is an issue, either in daily life or when planning vacations that involve trips.
“Having the parenting coordinator to sort through the travel and the logistics and when things are going to happen, that can be very helpful for those families,” Parvis said.
Scope of service
Jessica Markham, managing principal at Markham Law Firm, said attorneys need to be specific when drafting the order for a parenting coordinator.
THE DAILY RECORD FILE PHOTO
Jessica Markham, managing principal at Markham Law Firm in Bethesda, said attorneys must be specific when drafting an order of appointment for a parenting coordinator. Vague terms such as “co-parenting therapy” can result in arguments over the scope of work, she said.
“(Attorneys need to ensure) that it says what they want it to say and the scope is what they want it to be,” Markham said.
Parvis, too, emphasized that precision is key.
“When parents choose to work with a parenting coordinator, the more detailed they can be about the responsibilities and scope of services – whether it’s a settlement agreement, a parenting plan or a custody order – the more helpful it is for expectation-setting for everybody,” she said. “Tell the PC what their lane is so they can then stay in their lane.”
Cost is another reason why it’s important to be clear about the parenting coordinator’s role at the outset.
“PCs at heart are helpers, so we’re going to want to help in any way possible,” Parvis said. “But the unintended consequence of that is that someone who doesn’t have a well-defined scope of PC services can end up involved in a PC process that’s much more expansive. And expansive means expensive.”
