(1)
Pursuant to the provisions of this section, at any time after the entry of an order
concerning parental responsibilities and upon notice to the parties, the court may,
on its own motion, a motion by either party, or an agreement of the parties, appoint
a parenting coordinator as a neutral third party to assist in the resolution of
disputes between the parties concerning parental responsibilities, including but not
limited to implementation of the court-ordered parenting plan. The parenting
coordinator shall be a neutral person with appropriate training and qualifications
and an independent perspective acceptable to the court. Within seven days after
the appointment, the appointed person shall comply with the disclosure provisions
of subsection (2.5) of this section.
(2) (a) Absent agreement of the parties, a court shall not appoint a parenting
coordinator unless the court makes the following findings:
(I) That the parties have failed to adequately implement the parenting plan;
(II) That mediation has been determined by the court to be inappropriate, or,
if not inappropriate, that mediation has been attempted and was unsuccessful; and
(III) That the appointment of a parenting coordinator is in the best interests
of the child or children involved in the parenting plan.
(b) In addition to making the findings required pursuant to subsection (2)(a)
of this section, prior to appointing a parenting coordinator, the court may consider
the effect of any claim or documented evidence of domestic violence, as defined in
section 14-10-124, by the other party on the parties' ability to engage in parent
coordination.
(2.5) (a) Within seven days after the appointment, the appointed person shall
disclose to each party, attorneys or licensed legal paraprofessionals of record, and
the court any familial, financial, or social relationship that the appointed person has
or has had with the child, either party, the attorneys or licensed legal
paraprofessionals of record, or the judicial officer and, if a relationship exists, the
nature of the relationship.
(b) Based on the disclosure required pursuant to paragraph (a) of this
subsection (2.5), the court may, in its discretion, terminate the appointment and
appoint a different person in the proceedings. A party has seven days from the date
of the disclosure to object to the appointment based upon information contained in
the disclosure. If a party objects to the appointment, the court shall appoint a
different person or confirm the appointment within seven days after the date of the
party's objection. If no party timely objects to the appointment, then the
appointment is deemed confirmed.
(3) A parenting coordinator shall assist the parties in implementing the
terms of the parenting plan. Duties of a parenting coordinator include, but are not
limited to, the following:
(a) Assisting the parties in creating an agreed-upon, structured guideline for
implementation of the parenting plan;
(b) Developing guidelines for communication between the parties and
suggesting appropriate resources to assist the parties in learning appropriate
communication skills;
(c) Informing the parties about appropriate resources to assist them in
developing improved parenting skills;
(d) Assisting the parties in realistically identifying the sources and causes of
conflict between them, including but not limited to identifying each party's
contribution to the conflict, when appropriate; and
(e) Assisting the parties in developing parenting strategies to minimize
conflict.
(4) (a) The court may not appoint a person pursuant to this section to serve in
a case as a parenting coordinator if the person has served or is serving in the same
case as an evaluator pursuant to section 14-10-127 or a representative of the child
pursuant to section 14-10-116. After appointing a person pursuant to this section to
serve as a parenting coordinator in a case, the court may not subsequently appoint
the person to serve in the same case as an evaluator pursuant to section 14-10-127
or a representative of the child pursuant to section 14-10-116.
(b) The court may appoint a person who has served or is serving in a case as
a child and family investigator pursuant to section 14-10-116.5 to serve in the same
case as the parenting coordinator, upon the agreement of the parties. After
appointing a person pursuant to this section to serve as a parenting coordinator in a
case, the court may not subsequently appoint the person to serve as a child and
family investigator in the same case pursuant to section 14-10-116.5.
(5) A court order appointing a parenting coordinator shall be for a specified
term; except that the court order shall not appoint a parenting coordinator for a
period of longer than two years. If an order fails to specify the length of the court-ordered appointment, it shall be construed to be two years from the date of
appointment. Upon agreement of the parties, the court may extend, modify, or
terminate the appointment, including extending the appointment beyond two years
from the date of the original appointment. The court may terminate the
appointment of the parenting coordinator at any time for good cause. The court
shall allow the parenting coordinator to withdraw at any time.
(6) A court order appointing a parenting coordinator shall include
apportionment of the responsibility for payment of all of the parenting
coordinator's fees between the parties. The state shall not be responsible for
payment of fees to a parenting coordinator appointed pursuant to this section.
(7) (a) A parenting coordinator appointed by the court pursuant to this
section shall be immune from civil liability in any claim for injury that arises out of
an act or omission of the parenting coordinator occurring on or after April 16, 2009,
during the performance of his or her duties or during the performance of any act
that a reasonable parenting coordinator would believe was within the scope of his
or her duties unless the act or omission causing the injury was willful and wanton.
(b) Nothing in this subsection (7) shall be construed to bar a party from
asserting a claim:
(I) Based upon a parenting coordinator's failure to comply with the provision
set forth in subsection (8) of this section;
(II) Related to the reasonableness or accuracy of any fee charged or time
billed by a parenting coordinator; or
(III) Based upon a negligent act or omission involving the operation of a
motor vehicle by a parenting coordinator.
(c) (I) In a judicial proceeding, administrative proceeding, or other similar
proceeding between the parties to the action, a parenting coordinator shall not be
competent to testify and may not be required to produce records as to any
statement, conduct, or decision that occurred during the parenting coordinator's
appointment to the same extent as a judge of a court of this state acting in a
judicial capacity.
(II) This paragraph (c) shall not apply:
(A) To the extent testimony or production of records by the parenting
coordinator is necessary to determine a claim of the parenting coordinator against
a party; or
(B) To the extent testimony or production of records by the parenting
coordinator is necessary to determine a claim of a party against a parenting
coordinator; or
(C) When both parties have agreed, in writing, to authorize the parenting
coordinator to testify.
(d) If a person commences a civil action against a parenting coordinator
arising from the services of the parenting coordinator, or if a person seeks to
compel a parenting coordinator to testify or produce records in violation of
subsection (7)(c) of this section, and the court determines that the parenting
coordinator is immune from civil liability or that the parenting coordinator is not
competent to testify, the court shall award to the parenting coordinator reasonable
attorney fees or reasonable licensed legal paraprofessional fees and reasonable
expenses of litigation.
(8) The parenting coordinator shall comply with any applicable provisions set
forth in chief justice directives and any other practice or ethical standards
established by rule, statute, guideline, or licensing board that regulates the
parenting coordinator.