IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, And _________________________________, Respondent. ORDER OF REFERRAL TO PARENTING COORDINATOR The Court considered the ( ) motion of the court, ( ) joint motion of the parties, ( ) motion of a party, reviewed the court file, and considered the testimony presented. Based on this information, the court FINDS that: A. Appropriateness of Process. This matter is appropriate for parenting coordination and it is in the best interest of the child(ren). B. Parenting Coordination Process. Parenting coordination is a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing their parenting plan by facilitating the resolution of disputes, providing education and making recommendations to the parents; and, with the prior consent of the parents and approval of the court, making limited decisions within the scope of this order of referral. C. Parenting Coordinator. A parenting coordinator is an impartial third person whose role is to assist the parents in successfully creating or implementing a parenting plan. D. Selection of Parenting Coordinator. The parenting coordinator was selected by: [Choose only one] ____ parties' agreement. ____ the court. E. History of Domestic Violence. Based on testimony and evidence presented and a review of related court records, the court has determined: [Choose all that apply] ____ There is no history of domestic violence. ____ There has been a history of domestic violence, and: ____ Each party has had an opportunity to consult with an attorney or domestic violence advocate before this court has accepted the parties’ consent. ____ Each party has consented to this referral and the consent has been given freely and voluntarily. Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (01/10) American LegalNet, Inc. www.FormsWorkFlow.com It is therefore, ORDERED: 1. Parenting Coordinator. The parties are referred to the following parenting coordinator for an initial period of months: Name: ____________________________________ Address: __________________________________ __________________________________ Telephone: _____________________________ Fax Number: ______________________________ a. The parenting coordinator shall file a response to this Order within 30 days either accepting or declining the appointment. The response to the appointment must be in substantial compliance with Florida Family Law Rules of Procedure Form 12.984. b. The parties or their attorneys must provide to the parenting coordinator copies of all pleadings and orders related to domestic violence and any other pleadings and orders requested by the parenting coordinator related to parenting coordination. 2. Meetings. Unless prohibited herein as a domestic violence safeguard or by another court order, the parenting coordinator may meet with the parties and/or child(ren) together or separately, in person or by any electronic means. 3. Domestic Violence Safeguards. The parties shall adhere to all provisions of any injunction for protection or conditions of bail, probation, or a sentence arising from criminal proceedings. In addition to any safety measures the parenting coordinator deems necessary, the following domestic violence safeguards must be implemented: [Choose all that apply] ____ None are necessary. ____ No joint meetings ____ No direct negotiations ____ No direct communications ____ Other: ____________________________________________________________________ 4. Role, Responsibility, and Authority of Parenting Coordinator. The parenting coordinator shall have the following role, responsibility, and authority: a. Assisting the parents in creating and implementing a parenting plan. b. Facilitating the resolution of disputes regarding the creation or implementation of the Parenting Plan. c. Recommending to the parents strategies for creating or implementing the Parenting Plan. Such recommendations may include that one or both parents avail themselves of accessible and appropriate community resources, including, but not limited to, random drug screens, Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (01/10) American LegalNet, Inc. www.FormsWorkFlow.com parenting classes, and individual psychotherapy or family counseling, if there is a history or evidence that such referrals are appropriate. d. Recommending to the parents changes to the Parenting Plan. e. Educating the parties to effectively: i. Parent in a manner that minimizes conflicts; ii. Communicate and negotiate with each other and their child(ren); iii. Develop and apply appropriate parenting skills; iv. Understand principles of child development and issues facing child(ren) when their parents no longer live together; v. Disengage from the other parent when engagement leads to conflicts and noncooperation; vi. Identify the sources of their conflict with each other and work jointly to minimize conflict and lessen its deleterious effects on the child(ren); and, vii. Allow the child(ren) to grow up free from the threat of being caught in the middle of their parents’ disputes. f. Reporting or communicating with the court concerning nonconfidential matters as provided in paragraph 6 of this order. g. Communicating with the parties and their child(ren), separately or together, in person or by telephone, unless otherwise prohibited by court order or applicable law. 5. Fees and Costs for Parenting Coordination. [Choose all that apply] a. ____ The parties have consented to this referral to parenting coordination. ____ This order is without the consent of the parties, but the court has determined that the parties have the financial ability to pay the parenting coordination fees and costs. b. ____The court allocates payment of fees and costs for parenting coordination as follows: ____ % shall be paid by the Father. ____ % shall be paid by the Mother. ____ Other: ___________________________________________________________ If a party has caused the parenting coordinator to expend an unreasonable and unnecessary amount of time, that party may be solely responsible for payment of the parenting coordinator’s fees and costs for such time expended. Failure to pay the parenting coordinator’s fees and costs in a timely manner may subject the party to sanctions for contempt of court. 6. Confidentiality. All communications made by, between, or among the parties and the parenting coordinator during parenting coordination sessions are confidential. The parenting coordinator and each party may not testify or offer evidence about communications made by a party or the parenting coordinator during the parenting coordination sessions, except if: Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (01/10) American LegalNet, Inc. www.FormsWorkFlow.com a. Necessary to identify, authenticate, confirm, or deny a written agreement entered into by the parties during parenting coordination. b. The testimony or evidence is necessary to identify an issue for resolution by the court without otherwise disclosing communications made by any party or the parenting coordinator. c. The testimony or evidence is limited to the subject of a party's compliance with the order of referral to parenting coordination, orders for psychological evaluation, counseling ordered by the court or recommended by a health care provider, or for substance abuse testing or treatment. d. The parenting coordinator reports that the case is no longer appropriate for parenting coordination. e. The parenting coordinator is reporting that he or she is unable or unwilling to continue to serve and that a successor parenting coordinator should be appointed. f. The testimony or evidence is necessary pursuant to section 61.125(5)(b) or section 61.125(8), Florida Statutes. g. The parenting coordinator is not qualified to address or resolve certain issues in the case and a more qualified coordinator should be appointed. h. The parties agree that the testimony or evidence be permitted. i. The testimony or evidence is necessary to protect any person from future acts that would constitute domestic violence under Chapter 741, Florida Statutes; child abuse, neglect, or abandonment under Chapter 39, Florida Statutes; or abuse, neglect, or exploitation of an elderly or disabled adult under Chapter 825, Florida Statutes. 7. Agreement on Nonconfidentiality. The parties can agree to waive confidentiality of a specific communication or all communications. The waiver must be in writing, signed by the parties and their respective counsel. The waiver shall be filed with the court and a copy served on the parenting coordinator. Either party may revoke their waiver of confidentiality by providing written notice signed by the party. The revocation shall be filed with the court and a copy served on the other party and the parenting coordinator. 8. Scheduling. Each party shall contact the parenting coordinator within 10 days of the date of this order to schedule the first appointment. The parenting coordinator shall determine the schedule for subsequent appointments. ORDERED ON {date} __________________________. ________________________________ CIRCUIT JUDGE Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (01/10) American LegalNet, Inc. www.FormsWorkFlow.com COPIES TO: Parenting Coordinator Address :______________________________________________ Name of Party: _______________________________________ Counsel for Party: _____________________________________ Address of Counsel: ___________________________________ Name of Party: ______________________________________ Counsel for Party:____________________________________ Address of Counsel: __________________________________ Guardian ad Litem: __________________________________ Address of GAL: ____________________________________ Florida Family Law Rules of Procedure Form 12.998, Order of Referral to Parenting Coordinator (01/10) American LegalNet, Inc. www.FormsWorkFlow.com