STATE OF MICHIGAN WASHTENAW COUNTY TRIAL COURT Family Division _____________________________________ Plaintiff, File No. vs. HON. Defendant. ______________________________________ ______________________________________ CONSENT ORDER APPOINTING PARENTING FACILITATOR Entered: 20___ This order is entered on the consent of the parties, who have agreed that a Parenting Facilitator shall be appointed to hear and facilitate decide certain issues regarding the parenting of their children. By their signatures below, the parties acknowledge: 1. 2. Each of them has read this order, and understands it. Each understands that the Parenting Facilitator will be a mediator who will make recommendations to the judge on issues where the parties are unable to reach agreement. On the consent of the parties, therefore, IT IS ORDERED that the parenting issues set forth below are referred to a Parenting Facilitator, subject to the limitations set forth in this order. 1. Authority for Parenting Facilitation This court has the authority to appoint a parenting facilitator with the power to make findings of fact and recommendations, when the parties give their consent. The parenting facilitator acting in this capacity is serving as an evaluative mediator, as defined by MCR 3.216. 2. Appointment of Parenting Facilitator ______________ is appointed Parenting Facilitator Page 1 of 6 1 American LegalNet, Inc. www.FormsWorkflow.com 3. Contact information Parenting Facilitator: address: Phone: Email: Name: Address: Phone: Email: Name: Address: Phone: Email: Parties: The parents shall inform the Parenting Facilitator of any change of address or phone number. 4. Authority of Parenting Facilitator. When the parties are unable to agree, the Parenting Facilitator shall have authority to make recommendations on the following: a. b. c. d. e. f. transfers of children between parents; vacations and holidays: schedules and implementation; daily routines; activities and recreation; discipline; health care management, including: determining and recommending appropriate medical and mental health evaluation and treatment (including psychotherapy, substance abuse and domestic violence treatment and/or counseling, and parenting classes) for children and parents. The Parenting Facilitator shall designate whether any recommended counseling is or is not confidential because it is subject to release to the Facilitator, the Court, or as otherwise specified at the time of the recommendation. The Parenting Facilitator can recommend how any health care provider is chosen. alterations in the parenting schedule, so long as the basic time sharing arrangement is not altered by more than _____ days per month or resulting in one parent having less than ______days per month. participation by significant others, relatives, etc. in parenting time; child care/day care/babysitting issues. The Parenting Facilitator may consider any other matters submitted to him/her jointly by the parties prior to the expiration of his/her term. g. h. i. j. The Parenting Facilitator shall determine the format for resolving all of the issues assigned to him/her. The parties understand that the Parenting Facilitator will attempt to resolve any disputes through mediation. However, if the mediation fails to produce a resolution, the Parenting Facilitator has the authority to make written recommendations. Page 2 of 6 2 American LegalNet, Inc. www.FormsWorkflow.com 5. Written recommendations The Parenting Facilitator's written recommendations shall be mailed to each party, and a copy shall be filed with the court. The Parenting Facilitator shall file a proof of service. Each party shall have 21 days from the date of mailing to make written objections. The recommendation of the Parenting Facilitator shall be followed as the order of this court until a contrary order is entered by the court. The Parenting Facilitator shall have discretion to issue oral emergency recommendations, if s/he believes they are warranted. Emergency recommendations shall be communicated to the parties by the means most likely to ensure that each is aware of the decision, with a confirming letter or fax to follow soon as possible. The Parenting Facilitator shall subsequently issue a written recommendation, as described in the paragraph preceding. Written recommendations of the Parenting Facilitator shall be placed in the court file. 6. Confidentiality The Parenting Facilitator's written recommendations are not confidential, and the Parenting Facilitator may convey information to any screener, evaluator, mediator, or judicial officer, or to the other party, provided that any written communication to court personnel shall be copied to the parties. There shall be no ex parte communication to court or Friend of the Court personnel. The Parenting Facilitator may speak with any combination of parties or counsel, outside of the presence of other parties or counsel. 7. Rights of Parenting Facilitator Both Parties shall participate in the dispute resolution process as defined by the Parenting Facilitator and shall be present when so requested by the Parenting Facilitator. The Parenting Facilitator may conduct sessions that are informal in nature, by telephone or in person, and need not comply with the rules of evidence. The Parenting Facilitator shall not be required to record any sessions or conversations. The Parenting Facilitator shall have: 1. 2. Reasonable access to the children; Notice of all proceedings, including requests for examinations affecting the children; Access to any therapist of any of the parties or children, and access to school or medical records; Copies of all evaluations and psychological test results performed on any children or any parent or custodian or guardian or the children, including Friend of the Report Reports, psychological evaluations, etc.; specifically the Parenting Facilitator shall be provided with a copy of the report prepared for the parties and their counsel by ***********, Ph.D., and shall have access as needed to speak with Dr. ************* personally. Access to teachers of the children; The right to interview the parties, attorneys, or children in any combination, and to exclude any party or attorney from such an interview; The right to interview any other person the Parenting Facilitator deems relevant to resolve an issue before him/her. Page 3 of 6 3. 4. 5. 6. 7. 3 American LegalNet, Inc. www.FormsWorkflow.com 8. Communication with the Parenting Facilitat