Fla. Fam. L. R. P. 12.742

RULE 12.742

PARENTING COORDINATION

(a) Applicability. This rule applies to parenting

coordination.

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(b) Qualification Process. Each judicial circuit shall

establish a process for determining that a parenting coordinator is

qualified in accordance with the requirements established in the

parenting coordination section of Chapter 61, Florida Statutes.

(c) Order Referring Parties to Parenting Coordinator. An

order referring the parties to a parenting coordinator must be in

substantial compliance with Florida Family Law Rules of Procedure

Form 12.984(a). The order must specify the role, responsibility, and

authority of the parenting coordinator.

(d) Appointment of Parenting Coordinator. The parties

may agree in writing on a parenting coordinator subject to the

court’s approval. If the parties cannot agree on a parenting

coordinator, the court shall appoint a parenting coordinator

qualified by law.

(e) Response by Parenting Coordinator. The parenting

coordinator must file a response accepting or declining the

appointment in substantial compliance with Florida Family Law

Rules of Procedure Form 12.984(b).

(f) Term of Service. The term of the parenting coordinator

shall be as specified in the order of appointment or as extended by

the court. The initial term of service shall not exceed two years. The

court shall terminate the service on:

(1) The parenting coordinator's resignation or

disqualification; or

(2) A finding of good cause shown based on the court's

own motion or a party's written motion. Good cause includes, but is

not limited to the occurrence of domestic violence; circumstances

that compromise the safety of any person or the integrity of the

process; or a finding that there is no longer a need for the service of

the parenting coordinator. The motion and notice of hearing shall

also be served on the parenting coordinator.

(g) Removal of Parenting Coordinator. The court shall

remove the parenting coordinator if the parenting coordinator

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becomes disqualified under the parenting coordination section of

Chapter 61, Florida Statutes, or if good cause if shown.

(h) Appointment of Substitute Parenting Coordinator. If a

parenting coordinator cannot serve or continue to serve, a

substitute parenting coordinator may be chosen in the same

manner as the original.

(i) Authority with Consent. The parenting coordinator may

have additional authority with express written consent. If there has

been a history of domestic violence the court must find that consent

has been freely and voluntarily given.

(1) With the express written consent of both parties,

the parenting coordinator may

(A) have temporary decision-making authority to

resolve specific non-substantive disputes between the parties until

such time as a court order is entered modifying the decision; or

(B) make recommendations to the court

concerning modifications to the parenting plan or time-sharing.

(2) With the express written consent of a party, a

parenting coordinator may

(A) have access to confidential and privileged

records and information of that party; or

(B) provide confidential and privileged information

for that party to health care providers and to any other third

parties.

(3) With the express approval of the court, the

parenting coordinator may

(A) have access to a child's confidential and

privileged records and information; or

(B) provide confidential and privileged information

for that child to health care providers and to any other third parties.

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(j) Limitation of Authority.

(1) A parenting coordinator shall not have decision

making authority to resolve substantive disputes between the

parties. A dispute is substantive if it would

(A) significantly change the quantity or decrease

the quality of time a child spends with either parent; or

(B) modify parental responsibility.

(2) A parenting coordinator shall not make a

substantive recommendation concerning parental responsibility or

timesharing to the court unless the court on its own motion or a

joint motion of the parties determines that:

(A) there is an emergency as defined by the

parenting coordination section of Chapter 61, Florida Statutes,

(B) the recommendation would be in the best

interest of the child, and

(C) the parties agree that any parenting

coordination communications that may be raised to support or

challenge the recommendation of the parenting coordinator will be

permitted.

(k) Emergency Order.

(1) Consideration by the Court. Upon the filing of an

affidavit or verified report of an emergency by the parenting

coordinator, the court shall determine whether the facts and

circumstances contained in the report constitute an emergency and

whether an emergency order needs to be entered with or without

notice to the parties to prevent or stop furtherance of the

emergency. Except for the entry of an ex parte order in accordance

with (k)(2), the court shall set a hearing with notice to the parties to

be held at the earliest possible time.

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(2) Ex Parte Order. An emergency order may be entered

without notice to the parties if it appears from the facts shown by

the affidavit or verified report that there is an immediate and

present danger that the emergency situation will occur before the

parties can be heard. No evidence other than the affidavit or verified

report shall be used to support the emergency being reported

unless the parties appear at the hearing or have received notice of a

hearing. Every temporary order entered without notice in

accordance with this rule shall be endorsed with the date and hour

of entry, be filed forthwith in the clerk's office, and define the injury

or potential injury, state findings by the court why the injury or

potential injury may be irreparable, and give the reasons why the

order was granted without notice. The court shall provide the

parties and attorney ad litem, if one is appointed, with a copy of the

parenting coordinator's affidavit or verified report giving rise to the

ex parte order. A return hearing shall be scheduled if the court

issues an emergency ex parte order.

(3) Duration. The emergency order shall remain in effect

until further order.

(4) Motion to Dissolve or Modify Ex Parte Order. A

motion to modify or dissolve an ex parte emergency order must be

heard within 5 days after the movant applies for a hearing.

(l) Written Communication with Court. The parenting

coordinator may submit a written report or other written

communication regarding any nonconfidential matter to the court.

Parenting coordinators are required, pursuant to the parenting

coordination section of Chapter 61, Florida Statutes, to report

certain emergencies to the court without giving notice to the parties.

The parenting coordinator shall use a form in substantial

compliance with Florida Family Law Rules of Procedure Form

12.984(c) when reporting any emergency to the court, whether or

not notice to the parties is required by law. If the parenting

coordinator is unable to adequately perform the duties in

accordance with the court’s direction, the parenting coordinator

shall file a written request for a status conference and the court

shall set a timely status hearing. The parenting coordinator shall

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use a form in substantial compliance with Florida Family Law Rules

of Procedure Form 12.984(d) to request a status conference. When

notice to the parties is required, the parenting coordinator must

contemporaneously serve each party with a copy of the written

communication.

(m) Testimony and Discovery. A parenting coordinator shall

not be called to testify or be subject to the discovery rules of the

Florida Family Law Rules of Procedure unless the court makes a

prior finding of good cause. A party must file a motion, alleging good

cause why the court should allow the parenting coordinator to

testify or be subject to discovery. The requesting party shall serve

the motion and notice of hearing on the parenting coordinator. The

requesting party shall initially be responsible for the parenting

coordinator’s fees and costs incurred as a result of the motion.

(n) Parenting Coordination Session. A parenting

coordination session occurs when a party and the parenting

coordinator communicate with one another. A parenting

coordination session may occur in the presence or with the

participation of persons in addition to a party and the parenting

coordinator. Unless otherwise directed by the court, the parenting

coordinator shall determine who may be present during each

parenting coordination session including, without limitation,

attorneys, parties, and other persons.

2010 Adoption. The provisions of subdivision (k) do not

abrogate the confidentiality provisions of section 61.125, Florida

Statutes. An exception to confidentiality must apply before invoking

this subdivision of the rule.

2014 Revision. Parties are more likely to comply with a

parenting plan which has been voluntarily and mutually self-

determined by the parties without undue outside influence. Courts

therefore should consider referring parties to mediation prior to

parenting coordination when a parenting plan has not been agreed

to by the parties or adopted by the court. Courts are also

encouraged to review what additional forms of alternative dispute

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resolution as well as social, psychological and educational

interventions may best assist the parties in a timely manner. In

cases where parties are referred to a parenting coordinator to adopt

or create a parenting plan, the court should consider whether the

parties would be better served by the court determining certain

aspects of the parenting plan (such as parental responsibility, time

sharing schedule, etc.) prior to referral to a parenting coordinator.

New subdivisions (b), (g), (j)(2), (l), and (n) were added and others

were renumbered accordingly.