Florida Family Law Rule 12.742
RULE 12.742. PARENTING COORDINATION
(a) Applicability. This rule applies to parenting
coordination.
(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
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.
(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.
(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 was 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
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.
Committee Notes
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
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.
(a) Applicability. This rule applies to parenting
coordination.
(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
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.
(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.
(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 was 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
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.
Committee Notes
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
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.