COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. IN THE GENERAL COURT OF JUSTICE : DISTRICT COURT DIVISION Calendar No. FILE NO. NORTH CAROLINA COUNTY OF WAKE : Plaintiff(s) JUDICIAL SUBPOENA Assigned Judge: -against- : , Plaintiff : v. : ORDER APPOINTING PARENTING COORDINATOR Defendant(s) : , ...................................................... Defendant NOW, on this day of , 20 , this matter comes before the undersigned Judge of the District Court pursuant to et. seq. to appoint a Parenting Coordinator. The Court, having THE PEOPLE OF THE STATE OF NEW YORK reviewed the file and considered the premises FINDS AND ORDERS as follows: 1. Existing Order(s). TO A. The parties are currently operating under the following custody/visitation order: (Decree, order modifying), filed , age , age GREETINGS: . , born , born WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , age , born , the Honorable at the , age Court , born located at County of B. A Protective Order has has not been entered between these parties. This Protective Order, in room , on the day of , 20 , at o'clock in the noon, and at any recessed County Case No PO is modified to allow limited contact for the purposes of parenting or adjourned date, to testify and give evidence as a witness in this action on the part of the coordination, provided the following limits apply. . 2. Jurisdiction. Your failure to comply with and parenting is punishable as a contempt Stat. Ch. 50A et seq. A. This Court has jurisdiction over child custody this subpoenatime issues pursuant to NC Gen.of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a B. [Choose one of the failure to comply. result of your following] The parties agree and teh court so finds that appointment of a Parenting Coordinator is necessary to assist the parents in implementing the terms of the existing child custody and parenting time order for the ,specific issues listed in paragraph 5 Witness, Honorable one of the Justices of the below. Court in County, day of , 20 The Court finds that the appointment of a Parenting Coordinator is in the best interest of the child/ren. 3. Parenting Coordinator. , or his/her successor, is appointed asabove and type name below) The parties (Attorney must sign a Parenting Coordinator. shall cooperate with the Parenting Coordinator and follow the terms specified in this Order. 4. Term/Succession Attorney(s) for the date of this Order. If the Parenting The term of the Parenting Coordinator's service shall be for a period of years from Coordinator requests to withdraw, then the Court shall appoint another Parenting Coordinator who is agreeable to both parties. If the Court terminates the appointment prior to the expiration date, notice shall be given to the Parenting Coordinator, and a hearing held. 5. Issues Subject to Parent Coordination. Office and P.O. Address A. General Authority: In addition to the responsibility of Parenting Coordinator as defined in the Local Rules, the Parenting Coordinator shall: (1) Assist parents in implementing the custody/visitation Court Order. Telephone No.: (2) Reduce conflict between parties. Facsimile No.: (3) Teach parents communication skills, child development and child issues specific to divorce. E-Mail Address: Mobile Tel. No.: WAKE-DOM-24 (02/06), Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. B. Areas of Domain: The Parenting Coordinator can make minor changes in the following checked areas: (1) Transition time/pickup/delivery. : Calendar No. (2) Sharing of vacations and holidays. (3) Method of pickup and delivery : JUDICIAL Plaintiff(s) (4) Transportation to and from visitation (5) Participation in child care/daycare and babysitting -against: (6) Bed time (7) Diet : (8) Clothing (9) Recreation : (10) After school and enrichment activities Defendant(s) : (11) Discipline ...................................................... (12) Health Care Management (13) Alterations in schedule which do not substantially alter the basic time share agreement (14) Participation in visitation (significant other, relatives, etc.) (15) Increasing OF THE STATE OF NEW appropriate for young children THE PEOPLEtime share when developmentallYORK (16) Other, as specified: SUBPOENA TO C. Decision Making Power,: In order to carry out the general authority granted to the Parenting Coordinator, the following specific issues are submitted to the Parent Coordinator for decision. (1) (2) GREETINGS: . WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of (4) in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (5) (3) 6. Role of Parenting Coordinator. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to A. Decisions: The Parenting Coordinator shall decide any issue as set forth in paragraph 5 within the scope of his/her authority by any the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a appropriate dispute-resolution method. During this process, the Parenting Coordinator may coach and educate the parents about ways result of your failure to comply. to better communicate about the child/ren and about child development issues. B. Recommendations: Witness, Honorable , one of the Justices of the (1) The Parenting Coordinator may recommend to the Court that the parents participate in any of the following interventions: Court in County, day of , 20 · therapy, recognizing that couples counseling is not appropriate in cases involving domestic violence;. · treatment programs, including batterer's intervention courses; · mediation; (Attorney must sign above and type name below) · custody/parenting time evaluations; · programs for high conflict parents, anger management, etc.; and · interventions for minor child/ren including the appointment of an attorney or therapy. (2) The Parenting Coordinator may recommend changes in the Parenting Coordinator's for Attorney(s) decision-making power to better accommodate the needs of the parites or their child/ren that may arise during the parenting coordination if the Parenting Coordinator believes the current Order is not in the child/ren's best interest. (3) Any recommendations shall be submitted to the Court in writing with copies to each parent and attorneys involved in the case. The Judge shall determine whethr a modification is necessary to implement recommendations of the Parenting Coordinator. Office and P.O. Address C. Resolutions: The primary role of the Parenting Coordinator is to assist the parties in working out disagreements about the child/ren in a way that minimizes conflict. If the parties are able to resolve any matters through mutual agreement, the Parenting Coordinator Telephone within shall make a decision whether to adopt that resolution as a decision, if the agreement fallsNo.: the purview of paragraph 5. If the Facsimile set the adopted agreement does not fall within paragraph 5, then the Parenting Coordinator shallNo.: agreement forth as a recommendation. E-Mail Address: Mobile Tel. No.: WAKE-DOM-24 (02/06), Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. 7. Appointments with the Parenting Coordinator. A. The Parenting Coordinator may set a time and place for a brief informational :meeting. Calendar No. B. Future appointments with the Parent Coordinator may be scheduled at the request of either parent by telephone or in person with no : written notice required. Each parent shall make a good faith effort to be available for appointments when requested by the other parent JUDICIAL SUBPOENA Plaintiff(s) or the Parenting Coordinator. -against- : C. The Parenting Coordinator shall notify the Court, with copies to the parties or their attorneys, if either party refuses to cooperate. : D. The parent shall provide all records, documentation and information requested by the Parenting Coordinator within fifteen (15) calendar days of the request. The Parenting Coordinator may not request materials subject to attorney/client privilege, and may not : require the release of documents protected by law except upon proper consent and release by teh parites or by Order of the Court. : 8. Communication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Defendant(s) . . . . . . . ........ .......... A. The parties and their attorneys, if they are represented, may communicate with the Parenting Coordinator ex parte (without the other parent present). This applies to oral communications and any written documentation or communication submitted to the Parenting Coordinator. THE PEOPLE OF THE STATE OF NEW YORK B. The Parenting Coordinator may communicate ex parte with the parents and their attorneys, and other professionals involved in the case. This applies to both written and oral communications. The Parenting coordinator may talk with each parent without the presence TO of either counsel. C. The Parenting Coordinator shall not communicate ex paret with the Judge assisgned to the case. D. The Parenting Coordinator may request instructions from the Court, either in a Court hearing on this case or in writing directed to GREETINGS: the Court, with notice to all parties and attorneys. E. Any party involved COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE in any legal action that affects this Order shall notify the Parenting Coordinator. the Honorable at the , Court 9. Narrative. located at County of A. The Parenting Coordinator shall send written summaries of each meeting to all parties and their attorneys. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 10. Confidentiality A. There is no confidentiality concerning communications between the parents and the Parenting Coordinator. As required by the Court, the Parenting Coordinator may communicate with custody evaluators, therapists or other individuals investigating the issues. The Parenting Coordinator shall comply with the law to report child abuse, and threats of abuse against another person. In cases Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to involving domestic violence,behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party on whose the Parenting Coordinator and legal counsel (or the parents themselves, if not represented) shall address to the Court any your failure to comply. the prohibition against ex parte communication. result of safety concerns, subject to B. By signing this Order each party agrees to allow the Parenting Coordinator to review documentation filed with the Court or received into evidence, voluntarily released by the parties, or released by Order of the Court about his/her andthe Justices offrom the Witness, Honorable , one of their child/ren the physician(s), therapist(s), teacher(s), evaluator(s), previous Parenting Coordinator and other professional involved in this case (except Court in County, day of , 20 for the attorney representing him/her). Each party also agrees to allow the Parenting Coordinator to speak with his or her attorney and other collateral sources as the Parenting Coordinator deems appropriate, however, the Parenting Coordinator is not authorized to share the material or discuss confidential information with anyone outside the case. This waiver does not extend to otehr privileges (Attorney must sign above and type name below) recognized by law. 11. Involvment of Parenting Coordinator in Litigation. Attorney(s) for Before any party or party's attorney may employ discovery requests of a Parenting Coordinator, permission must be given by the Court that such specific discovery requests may issue, including subpoenas, for document or for deposition. If either parent wishes the Parenting Coordinator to testify at hearing or deposition other than to give a report on findings, the parent will be required to deposit in advance a reasonable fee to cover thehourly rate of the Parenting Coordinator. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: WAKE-DOM-24 (02/06), Page 3 of 4 American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. 12. Immunity The Parenting Coordinator has immunity consistent with North Carolina law as:to all actions undertaken pursuant to the Court Calendar No. appointment in this Order. This immunity applies to all acts done by the Parenting Coordinator during the appointment and until the Parenting Coordinator is given notice of his/her termination. The immunity continues to apply to acts required by the Court to : JUDICIAL SUBPOENA Plaintiff(s) conclude the Parenting Coordinator's duty after termination. -against- : 13. Fees. : A. The Court finds that the parents have the financial capacity to pay for the Parenting Coordinator. The parties shall pay the Parenting Coordinator for all of his/her time and costs incurred in processing the case. This includes time spent reviewing documents : and correspondence, meetings and telephone calls with parents, attorneys, and other professionals involved in the case, and deliberation and issuance of decisions. Costs shall include long-distance telephone calls, copies, fax charges, and all other similar Defendant(s) : costs incurred .by. the .Parenting. Coordinator. pursuant.to .this .Order..In.addition, .the parents shall pay for time spent by the Parenting ...... . .. ...... ........ ...... . .. .... . ...... Coordinator's presence in any hearing, settlement conference report writing, or other Court appearance that the parenting Coordinator's presence is requested or required. Nonpayment of fees may subject the nonpaying parent to prosecution for indirect contempt of Court for failure to abide by the Order. Prior to the first appointment, the parents shall provide the Parenting Coordinator with any deposit required by the ParentingOF NEW YORK THE PEOPLE OF THE STATE Coordinator. B. The Parenting Coordinator's hourly fee shall be paid as follows: Father shall pay % and Mother shall pay %. This TO Parenting Coordinator may modify this allocation, or may recommend to the Court that the allocation be modified if the Parenting Coordinator finds that one parent is using his/her services unnecessarily and, as a result, is causing the other parent greater expense; or if one parent is acting in bad faith. Ultimately, the Court shall determine the proper allocation of fees between the parents and may require reimbursement by one parent to the other of any payment made to the Parenting Coordinator. Either parent may request the GREETINGS: fees be reallocated at any time during the Parenting Coordinator's term of appointment, unless good cause shown for failing to appear at the appointment. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before the Honorable Court C. If one parent pays 100% of the Parenting Coordinator's fee, at the party has absolute right of indemnification against the other then that located other parent was responsible. This reimbusement may be enforced by contempt. at County of parent up to the percentage allocation for which the in room , on the day of , 20 , at o'clock in the noon, and at any recessed This the adjourned date, to testify and give evidence as a witness in this action on the part of the day of , 20 . or Assigned Judge Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Both parties have agreed (stipulated) to the terms of this Order: result of your failure to comply. Witness, Honorable County, Plaintiff/Petitioner (signature) Court in Attorney for Plaintiff/Petitioner , one of the Justices of the day of , 20 Defendant/Respondent (signature) Attorney for Defendant/Respondent (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: WAKE-DOM-24 (02/06), Page 4 of 4 American LegalNet, Inc. www.FormsWorkflow.com ,