MARIN COUNTY SUPERIOR COURT 3501 Civic Center Drive P.O. Box 4988 San Rafael, CA 94913-4988 FOR COURT USE ONLY In Re the Marriage of: PETITIONER: and RESPONDENT: STIPULATION AND ORDER REGARDING APPOINTMENT OF PARENTING COORDINATOR CASE NUMBER: PRINCIPLES 1. The parents acknowledge that their child(ren) will benefit from a meaningful relationship with both parents that continued parental conflict will generally negatively impact their child(ren)'s adjustment, and that every effort should be made to keep the child(ren) out of the middle of their parents' disputes and communications. 2. The parents agree voluntarily to enter into this Agreement because of a desire to: de-escalate parental conflict to which the child(ren) are exposed focus on their child(ren)'s needs and best interests promote their child(ren)'s optimum adjustment resolve issues and disputes between the parents concerning the clarification, implementation, modification and/or adaptation of the court-ordered parenting plan through the informal process described in this order in a timely and cost efficient manner without litigation e. benefit from the direction of a qualified professional chosen to serve as the Parenting Coordinator 3. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, facilitated negotiations, conflict and communication management, and, when parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, recommendations or decision making on issues that are specified in this Stipulation and Order. The ultimate goal is to help parents resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process. PURSUANT TO THE STIPULATION OF THE PARENTS hereinafter set forth, and good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED THAT: I. a. b. c. d. APPOINTMENT 1. ________________________________________________ is appointed Parenting Coordinator by agreement of the parties until resignation of the Parenting Coordinator or written agreement of the parents, further court order, or _______ months (normally not to exceed three (3) years) after the date on which this stipulated Order becomes effective, whichever first occurs. 2. This appointment is based upon the expertise of the Parenting Coordinator as a licensed mental health professional or licensed attorney. If the Parenting Coordinator is a licensed mental health professional, no therapist-patient relationship and/or privilege is created by this stipulation. If the Parenting Coordinator is a licensed attorney, no client-attorney relationship and/or privilege is created by this stipulation. The process is not confidential. FL041 (Rev. 10/4/16) STIPULATION AND ORDER RE APPOINTMENT OF PARENTING COORDINATOR Page 1 of 7 American LegalNet, Inc. www.FormsWorkFlow.com 3. The Parenting Coordinator is a Court Officer and has quasi-judicial immunity. The Parenting Coordinator cannot be sued based on his/her actions in this matter. The Parenting Coordinator's file may not be subpoenaed, and the Parenting Coordinator may not be compelled to testify. II. AUTHORITY OF PARENTING COORDINATOR 4. The Parenting Coordinator may make decisions or orders resolving conflicts between the parents which do not affect the court's exclusive jurisdiction to determine fundamental issues of custody and time-share. If either party requests a change to a provision set forth in an existing order re child related issues, the party requesting the change must demonstrate to the Parenting Coordinator that a change in the family's situation has occurred which warrants changing the specific provision, including substantial child development issues, in an existing order. 5. The role of the Parenting Coordinator is to decide disputes relating to the clarification and implementation of current court-ordered parenting plans as well as decide or make recommendations regarding the other parenting matters listed below in sections III and IV. 6. The Parenting Coordinator does not have the authority to change the custodial designation of joint or, sole, legal or physical custody established in a current order of the court. Modification of the custodial designations is reserved to the Marin County Superior Court for adjudication. Further, the Parenting Coordinator shall not make any decisions or orders which substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than four (4) nights per month). 7. Substantial changes to time-share arrangements are reserved to the Marin County Superior Court for adjudication and may be presented to the court by either party upon the recommendation of the Parenting Coordinator (See section IV, paragraph 12) or in the form of an order to show cause or request for order. In an emergency, the Parenting Coordinator may ask the court to initiate an Order to Show Cause on its own motion. 8. The Parenting Coordinator may make recommendations but not decisions with respect to the matters set forth below in section IV. III. AUTHORITY TO MAKE DECISIONS AND ORDERS 9. Except as limited by section II, paragraph 4 hereinabove, each party specifically agrees that the Parenting Coordinator may make decisions regarding possible conflicts they may have on the following issues, and that such decisions are effective when made and will continue in effect unless modified or set aside by a court of competent jurisdiction: a. Dates, time, designated person, location, and method of pick up and delivery; b. Modification or reorganization of school vacation and/or holiday time resulting in increases/decreases of one week or less; c. Reorganization of the schedule resulting in increases/decreases of not more than four (4) nights per month including modifications when developmentally appropriate for children under the age of six; d. Care providers for child(ren); e. Child rearing disputes such as bedtime, diet, clothing, homework, and discipline; f. Scheduling disputes arising from afterschool, enrichment, athletic, religious education and training and other activities; g. After school, enrichment and summer activities; h. Health care management, such as scheduling appointments; determining who attends appointments; FL041 (Rev. 10/4/16) STIPULATION AND ORDER RE APPOINTMENT OF PARENTING COORDINATOR Page 2 of 7 American Leg