HB 312 – AS AMENDED BY THE HOUSE
04Jan2006… 0163h
2005 SESSION
05/04
HOUSE BILL 312
AN ACT relative to the appointment of parenting coordinators.
SPONSORS: Rep. Gargasz, Hills 5; Rep. Bickford, Straf 3; Rep. Franklin, Sull 2; Sen. Roberge, Dist 9
COMMITTEE: Children and Family Law
This bill establishes a procedure for appointing parenting coordinators in family law cases.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0163h
05-0636
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the appointment of parenting coordinators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Parental Rights and Responsibilities; Parenting Coordinators. Amend RSA 461-A by inserting after section 11 the following new section:
461-A:11-a Parenting Coordinators.
I. In this section:
(a) “Parenting coordination” is a child-focused dispute resolution process in which an impartial parenting coordinator assists high conflict parents to implement their parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with the prior approval of the parties or of the court, making decisions within the scope of the court order or appointment contract.
(b) “Parenting Coordinator” means a person who assists the parties in resolving issues related to parenting by educating them about communication skills and about children’s needs, and by mediating disputes, and if necessary, arbitrating disputes.
II. In any proceeding under this chapter involving the determination or enforcement of parental rights and responsibilities, if both parents agree, the court may appoint a parenting coordinator if the court finds that the parties demonstrate a pattern of continuing high conflict, or if the court otherwise determines the appointment is in the best interest of the child or children. The parenting coordinator may be appointed at any stage of the proceeding to assist parents in developing and/or implementing a parenting plan.
III. The order of appointment shall specify the duration of appointment, to be a specific number of hours or a period of time that is one year or less.
IV. If both parents agree to the appointment of a parenting coordinator, reasons the court may choose to order a parenting coordinator include, but are not limited to:
(a) An issue or issues appear to be intractable or have been subject to re-occurring litigation.
(b) The well-being of a minor child is placed at risk by the parents’ inability to co-parent civilly.
(c) There is a finding of domestic violence.
(d) One or both parents are chemically dependent or mentally ill.
V. Even if both parents agree to the appointment of a parenting coordinator, reasons the court may choose not to order a parenting coordinator include, but are not limited to:
(a) A showing of undue hardship to a party.
(b) An agreement between the parties for alternate dispute resolution.
(c) A qualified parenting coordinator is not available within a reasonable period of time.
VI. The role of the parenting coordinator in a particular case shall be specified in the appointment order. The role of the parenting coordinator is to promote the best interests of the child or children by assisting the parents to implement any part of the parenting plan or other duties as designated by the court including:
(a) Educating the parents about effective communication and their child’s needs.
(b) Facilitating resolution of ongoing disagreements on the following issues:
(1) Minor alterations in parenting schedule which do not alter the basic time share allocation.
(2) Childcare arrangements.
(3) Parenting exchanges and transportation responsibility.
(4) Medical, dental, and vision care.
(5) Psychological counseling and related arrangements for the children.
(6) Education, including but not limited to, school choice, tutoring, and participation in special education programs.
(7) Discipline.
(8) Manner and methods of communication between parties and each party and the child or children.
(9) Schedule and conditions of telephone or electronic communication with the child or children.
(10) Other issues as the parents may agree or the court may order.
(c) Co-parenting arbitration about issues such as those listed in subparagraph (b), except as provided in paragraph VII.
VII. Either parent or the parenting coordinator may seek a further order of the court to clarify or change the list of issues set out in the order.
VIII. A parenting coordinator shall not have the authority to decide:
(a) Termination of parenting plans or court orders.
(b) Changes in the parenting schedule other than minor alterations, as specified in subparagraph VI(b)(1).
(c) Modification of parenting plans other than the issues listed in paragraph VI.
(d) The need for supervised visitation by either parent.
(e) Relocation of the residence of children.
(f) Formal or informal religious training.
(g) Legal residence of a child for school attendance.
(h) The need for psychological or psychiatric treatment for either parent.
IX. After a decision by the parenting coordinator, either party may, by motion, submit the disputed issue for de novo hearing by the court. The decision of the parenting coordinator shall remain in effect until the court enters an order.
X. The parenting coordinator shall have access to non-parties and, if the parties agree to a release, privileged information, including school officials, physicians, mental health providers, guardians ad litem, other professionals involved with the family and related court records.
XI. The fee for the parenting coordinator shall be the responsibility of the parents in the proportion ordered by the court. The court shall determine the ability of parents to pay by evidence of the financial affidavit as filed. The parties shall sign an agreement with the parenting coordinator as to the fee, hourly rate, and deposit if any.
XII. A parenting coordinator shall submit a written report to the court and to the parties on decisions and recommendations as often as ordered by the court. In the report, the parenting coordinator may give an opinion regarding whether the parenting coordination is succeeding and should continue. Parties may file an objection to the report with the court within 10 days.
XIII. The court shall remove the parenting coordinator:
(a) On the request and agreement of both parties; or
(b) On the motion of a party or by court order, if good cause is shown, or
(c) By request of the parenting coordinator.
2 Effective Date. This act shall take effect upon its passage.