19-A §1659. Parenting coordination and assistance (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/14) (WHOLE SECTION TEXT REPEALED 1/1/14 by T. 19-A, §1659, sub-§9)
Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
Chapter 55: RIGHTS AND RESPONSIBILITIES HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
§1659. Parenting coordination and assistance
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 1/1/14)
(WHOLE SECTION TEXT REPEALED 1/1/14 by T. 19-A, §1659, sub-§9)
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Parenting coordinator" means a neutral 3rd party appointed by the court to oversee and resolve disputes that arise between parents in interpreting and implementing the parenting plan set forth in the court's order and who:
(1) On July 1, 2009 is listed in the roster of guardians ad litem maintained by the Chief Judge of the District Court pursuant to rules adopted by the Supreme Judicial Court, or who holds one or more of the licenses listed in the rules and is listed on the roster after July 1, 2009 after completing the other requirements set forth in the rules; and
(2) Meets any other qualifications and requirements established by the Supreme Judicial Court. [2009, c. 345, §2 (NEW).]
B. "Parenting plan" means a plan defining areas of parental rights and responsibilities within the scope of a parenting coordinator's authority included in an order of the court pursuant to section 1653. [2009, c. 345, §2 (NEW).]
[ 2009, c. 345, §2 (NEW) .]
2. Appointment. A court may appoint a parenting coordinator pursuant to this subsection.
A. In a proceeding under this chapter, on the motion of a party or on the court's own motion, the court may appoint a parenting coordinator, with or without consent of the parties, in a case in which:
(1) The parents have demonstrated a pattern of persistent inability or unwillingness to:
(a) Make parenting decisions on their own;
(b) Comply with parenting agreements and orders;
(c) Reduce their child-related conflicts; or
(d) Protect their child from the effects of those conflicts; and
(2) Appointment of the parenting coordinator is in the best interest of the child. [2009, c. 345, §2 (NEW).]
B. The order of appointment must include apportionment of responsibility for payment of the parenting coordinator's fee, if any, between the parties. State funds may not be used to pay parenting coordinator fees. [2009, c. 345, §2 (NEW).]
C. Prior to appointing a parenting coordinator, the court shall consider any evidence of domestic abuse that may affect the parties' ability to engage in parenting coordination and shall tailor the order accordingly, including, without limitation, declining to appoint a parenting coordinator. [2009, c. 345, §2 (NEW).]
D. The order of appointment may include the length of the term of the appointment. [2009, c. 345, §2 (NEW).]
[ 2009, c. 345, §2 (NEW) .]
3. Timing of appointment; post-judgment. The appointment of a parenting coordinator is effective upon issuance of the final divorce judgment, the ruling on a post-judgment motion or the final parental rights and responsibilities judgment.
[ 2009, c. 345, §2 (NEW) .]
4. Authority; failure to comply. A parenting coordinator may make recommendations that interpret and implement the parenting plan. A party's failure to comply with the parenting coordinator's recommendations is admissible in a proceeding concerning compliance with an order of the court, including the parenting plan, and a contempt proceeding. A parenting coordinator's interpretation or implementation of the court order may not change the order.
[ 2009, c. 345, §2 (NEW) .]
5. Judicial review. If a party objects to the recommendations of the parenting coordinator, a party or the parenting coordinator may file a motion for review. Pending review, the parties shall follow the order as interpreted or implemented by the parenting coordinator.
[ 2009, c. 345, §2 (NEW) .]
6. Confidentiality. The activities of a parenting coordinator are not confidential, except that the parenting coordinator has discretion to keep any communications with children confidential.
[ 2009, c. 345, §2 (NEW) .]
7. Quasi-judicial immunity. An individual serving as a parenting coordinator acts as the court's agent and is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the parenting coordinator as set forth in the court's order.
[ 2009, c. 345, §2 (NEW) .]
8. Other parenting assistance. Nothing in this section limits the court's authority to appoint a person who is not qualified as a parenting coordinator to assist the parties in implementing specifically identified issues in the parenting plan as set forth in the terms of the court's order if:
A. The parties consent to the appointment; [2009, c. 345, §2 (NEW).]
B. It is in the best interest of the child; and [2009, c. 345, §2 (NEW).]
C. The court considers any evidence of domestic abuse in the relationship between the parties before making the appointment. [2009, c. 345, §2 (NEW).]
[ 2009, c. 345, §2 (NEW) .]
9. Repeal. This section is repealed January 1, 2014.
[ 2009, c. 345, §2 (NEW) .]
SECTION HISTORY
2009, c. 345, §2 (NEW).