Stipulation And Order Appointing Parenting Coordinator {FL.100}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.100) Optional Page 1 of 8 (E.D. 7 - 1 - 18) STIPULATION AND ORDER APPOINTING PARENTING COORDINATOR ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) : FOR COURT USE ONLY TELEPHONE: FAX NO. (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE Butte County Courthouse One Court Street, Oroville, CA 95965 (530) 532 - 7002 North Butte County Courthouse 1775 Concord Avenue, Chico, CA 95928 (530) 532 - 7002 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER: STIPULATION AND ORDER APPOINTING PARENTING COORDINATOR CASE NUMBER: A. PRINCIPLES: 1. The parents acknowledge that their child(ren) will benefit from a meaningful relationship with both parents, that continued parental conflict will generally negatively impact their child(ren)'s adjustment, and that every effort should be made to keep the child(ren) out of the middle of their parents' disputes and communications. 2. The parents agree voluntarily to enter into this Agreement because of a desire to: a. De-escalate parental conflict to which the child(ren) are exposed; b. Focus on their child(ren)'s needs and best interests; c. Promote their child(ren)'s optimum adjustment; d. Resolve issues and disputes between the parents concerning the clarification, implementation, modification and/or adaptation of the court-ordered parenting plan through the informal process described in this order in a timely and cost efficient manner without litigation; and e. Benefit from the direction of a qualified professional chosen to serve as the Parenting Coordinator. f. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, mediation, facilitated negotiation, and conflict and communication management. When parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, the Parenting Coordinator makes recommendations or decisions on issues that are specified in this Stipulation and Order. The ultimate goal is to help parents learn to resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process. American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.100) Optional Page 2 of 8 (E.D. 7 - 1 - 18) STIPULATION AND ORDER APPOINTING PARENTING COORDINATOR IT IS ORDERED, ADJUDGED AND DECREED THAT: B. APPOINTMENT: 1. is appointed Parenting Coordinator by agreement of the parties until resignation of the Parenting Coordinator or written agreement of the parents, further court order, or months (normally not to exceed three (3) years) after the date on which this stipulated Order becomes effective, whichever first occurs. 2. This appointment is based upon the expertise of the Parenting Coordinator as a licensed mental health professional or licensed attorney. However, the Parenting Coordinator process is not confidential. If the Parenting Coordinator is a licensed mental health professional, no therapist-patient relationship and/or privilege is created by this stipulation. If the Parenting Coordinator is a licensed attorney, no attorney-client relationship and/or privilege is created by this stipulation. 3. The Parenting Coordinator is a Court Officer and has quasi-judicial immunity. The Parenting Coordinator cannot be sued based on his/her actions in this matter. The Parenting Coordinator's file may not be subpoenaed, and the Parenting Coordinator may not be compelled to testify. 4. The Parenting Coordinator may resign any time he/she determines the resignation to be in the best interest of the child(ren) or the Parenting Coordinator is unable to serve out his/her term, upon thirty (30) days written notice to the parents. C. AUTHORITY OF PARENTING COORDINATOR: 1. The role of the Parenting Coordinator is to decide disputes relating to the clarification and implementation of current court-ordered parenting plans. The Parenting Coordinator may also make decisions regarding the parenting matters listed below in Section D (Level One Authority), and the Parenting Coordinator may make recommendations, but not decisions, regarding the other parenting matters listed below in Section E (Level Two Authority). 2. If either party requests a decision or recommendation that would change a provision set forth in an existing order regarding child related issues, the party requesting the change must demonstrate to the Parenting Coordinator that a change in the family's situation has occurred which warrants changing the specific provision, including substantial child development issues, in an existing order. The Parenting Coordinator may only make decisions or recommendations resolving conflicts between the parents which do not affect the Court's exclusive jurisdiction to determine fundamental issues of custody and time-share. Specifically, the Parenting Coordinator does not have authority to make any decisions or recommendations that alter a custodial designation of joint or sole, legal or physical custody established in a current order of the Court, prohibit a party's contact with his/her child(ren), or require or prohibit adherence to a religion or substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than two (2) twenty-four (24) hour periods in twenty-eight (28) days). These decisions and others relating to issues not included among those assigned to the Parenting Coordinator, as set forth in the Stipulation and Order, are reserved to the Superior Court of the State of California, County of Butte for adjudication. American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE RULES (FL.100) Optional Page 3 of 8 (E.D. 7 - 1 - 18) STIPULATION AND ORDER APPOINTING PARENTING COORDINATOR 3. For the matters described in Section E, the Parenting Coordinator's authority is limited to recommending to the parents (without any recommendation as to the preferred outcome) that the Court be requested to review and consider any such matter. A party who wishes a court review of the matter following a recommendation for review by the Parenting Coordinator must file and serve a Request for Order for the matter to be reviewed and considered by the Court. D. AUTHORITY TO MAKE DECISIONS AND ORDERS (LEVEL ONE AUTHORIEY): 1. Each party specifically agrees that the Parenting Coordinator may make decisions regarding possible conflicts they may have on the following issues, and that such decisions are effective when made and will continue in effect unless modified or set aside by a court of competent jurisdiction: a. parent during a thirty (30) day period. b. Dates, times, designated person, location and method of pick-up and delivery. c. Sharing of parent vacations and holidays. d. Responsibility for transportation to accommodate time-sharing between the parents. e. Selection of child care/daycare and babysitting providers. f. Child rearing disputes such as bedtime, diet, clothing, homework, and discipline. g. Participation in afterschool, enrichment, and athletic activities. h. Scheduling disputes arising from after school, enrichment, athletic, religious education and training and other activities. i. Health care management, such as scheduling appointments, and determining who attends appointments and who is responsible for reporting the outcome of any appointments to the other parent. j. Participation of others in a parent's time with the child(ren) (significant others, relatives, etc.). k. In the case of infants and toddlers, increasing time share when developmentally appropriate. l. Right of first refusal for child care responsibilities; scheduling swaps of custodial time. m. Coordinate participation in court-ordered alcohol and drug monitoring or testing, including setting a process for selection of monitors or testers if the parents cannot agree. n. Other matters, subject to the stipulation of the parties and the approval of the Court. 2. Decisions on the matters listed above are binding when communicated by ph