N.H. legislation seeks to put children first


Robin Deutsch, Ph.D., director forensic services at MGH’s Children and the Law Program, helped to develop parenting coordination guidelines as released by the Association of Family and Conciliation Courts. (photo by Tom Croke)

By Nan Shnitzler

With the Parental Rights and Responsibilities Act of 2005, New Hampshire took a big step toward de-escalating parental conflict in favor of what's best for children. The law eliminates the term "custody," requires parenting plans and allows court-ordered mediation.

Now pending legislation will codify the appointment of parenting coordinators to help high-conflict parents resolve disputes in carrying out the parenting plan - without going back to court.

"The legislation will put parenting coordination in an identifiable context so practitioners and the judiciary will understand the parameters and what it's suppose to accomplish. And I think that is very, very important," says John Cameron, J.D., who drafted the legislation with Honey Hastings, J.D., both practicing family lawyers and parenting coordinators.

Thus far, the diffusion of parenting coordination into the court system has been sporadic with some judges familiar with it and others assigning coordinators who have not been trained. That's another reason the bill is essential, to provide standards of practice, Cameron says.

Stakeholders such as bar associations, domestic violence groups and fathers' rights advocates have not opposed the concept, he says, but want their concerns addressed.

"So, the concept in the state is receiving some receptivity, but it's not pervasive," Cameron says.

The bill (H.B. 841) has been retained in the Children and Family Law Committee, says Rep. Mary Gile, committee chairwoman. She has assigned a subcommittee to work on it over the summer and to prepare a report due Nov. 15.

Among lawmakers' concerns, Gile says, are defining parenting coordinators' qualifications, their specific tasks and the cost, particularly in light of other expenses parents incur during divorce in New Hampshire, such as attending a mandatory child impact seminar.

"We see a parenting coordinator as a valuable role to assist parents with their responsibilities once they go their separate ways and to help them realize their decisions must be made in the best interests of the kids," Gile says.

In Massachusetts, legislation hasn't fared as well. Opposition revolves around the constitutionality of having the court appoint a parenting coordinator post judgment, even when the parents agree to it, says Robin Deutsch, Ph. D., director forensic services Children and the Law Program, at Massachusetts General Hospital. The most recent bill (S. 952) was sent back to the Judiciary Committee for further study.

"Further study means it's going to take new energy to bring it through again," Deutsch says.

In the meantime, most Massachusetts judges are familiar with the concept and appoint parenting coordinators when warranted. That's good for the roughly 10 percent of high-conflict divorcing parents, as research clearly shows that children do poorly when parents fight. But the downside for parenting coordinators is no judicial immunity, unlike a guardian ad litem who can't be sued in court, Deutsch says.

Parenting coordination has evolved into three broad functions: to teach parents conflict resolution strategies that help them shift their energy from fighting with each other to focusing on their children; to help mediate disagreements over the parenting plan and other orders; and if consensus is unattainable, arbitrate a binding decision, which a dissenting parent can still take back to court.

But by that time, hopefully, the fight will have worn out of them. Deutsch describes parenting coordination as a time out to help parents bridge the gap between the angry, emotional, conflict-prone post-divorce period to a more respectful and businesslike communication, with the needs of children in the forefront.

"For most families, the parenting coordinator job is pretty much done after a year or two," Deutsch says.

Deutsch helped develop parenting coordination guidelines released by the Association of Family and Conciliation Courts (AFCC). Cameron considers them the de facto standard in the country today. They recommend that parenting coordinators be licensed mental health or legal professionals focused on families or a certified family mediator with a master's degree in a mental health field, among other qualifications. AFCC also offers a four-module training program.

Psychologists looking to test the waters should understand that parenting coordination is not therapy. It's not covered by insurance. Both parents must be positively disposed to the activity and agree to pay, which in itself is a step toward conciliation, says Cameron, who calls it a "logistical activity."

Deutsch describes it as a hybrid blend of coach, educator, manager, mediator and arbitrator. She says psychologists trained as parenting coordinators would likely find it rewarding but cautions that they must guard against sliding into therapy mode.

"You can't perform a dual or sequential role," Deutsch says. "You risk confusing the clients and losing your neutrality."

Vermont uses a different model whereby the state subsidizes "parent" coordination for at-risk families that need a stronger hand than mediation. The judiciary established the service to protect children from such dangers as violence, substance abuse or behavioral problems, which might be promulgated by only one parent, says Susanne Terry, M.S., Vermont's parent coordinator supervisor. Parent coordination is non-confidential and non-neutral because it's strictly focused on the well being of children.

The state has screened and trained 18 contracted parent coordinators who are paid by parents on an affordability scale for an agreed upon amount of time. Detailed family court rules govern parent coordinator protocols and the Vermont Family Court Mediation Program provides administrative support and supervision. Parent coordination can occur before, during or after a divorce or separation. Once parents agree to use the service, it becomes a court order, but either party can terminate the process.

"We have a pretty high percentage of cases that have enough of a good resolution that it stops the revolving door of going to court," Terry says.

N.H. legislation seeks to put children first (July 2007 Issue)

N.H. legislation seeks to put children first
(July 2007 Issue)