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Stipulation And Order Re Appointment Of Parenting Coordinator FL041 - California
| Stipulation And Order Re Appointment Of Parenting Coordinator Form. This is a California form and can be used in Family Law Marin Local County . |
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SUPERIOR COURT OF CALIFORNIA County of Marin In re PETITIONER: and RESPONDENT: CASE NO. ___________________________ STIPULATION AND ORDER RE APPOINTMENT OF PARENTING COORDINATOR 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 to voluntarily enter into this Agreement because of a desire to: a. b. c. d. e. de-escalate parental conflict to which the child(ren) are exposed focus on their child(ren)'s needs and best interests promote their child(ren)'s optimum adjustment resolve issues and disputes in a timely and cost efficient manner without litigation benefit from the direction of a qualified professional chosen to serve as the Parenting Coordinator 3. Parenting Coordination is a child-focused dispute resolution process that combines parent education, dispute assessment, child custody recommending counseling, conflict and communication management, and, when parents are unable to resolve their parenting disputes with the Parenting Coordinator's assistance, recommendations or decisionmaking on issues that are specified in this Stipulation and Order. The ultimate goal is to help parents resolve disputed or difficult issues amicably and efficiently on their own, without having to involve the Parenting Coordinator or the adversarial process. PURSUANT TO THE STIPULATION OF THE PARENTS hereinafter set forth, and good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED THAT: I. APPOINTMENT: 1. _______________________________________________ is appointed Child Custody Recommending Counselor and Parenting Coordinator under Family Code Section 3160, et. seq., until resignation of _______________________ or written agreement of the parents, further court order, or ______ months 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 family law attorney. If the Parenting Coordinator is a licensed mental health professional, no therapistpatient relationship and/or privilege is created by this stipulation. If the Parenting Coordinator is a family law attorney, no client-attorney relationship/and or privilege is created by this stipulation. 3. The Parenting Coordinator is a Court Officer/Referee. The Parenting Coordinator has quasi-judicial immunity. The Parenting Coordinator cannot be sued based on his/her actions in this matter. If the Parenting Coordinator testifies in a court proceeding (see Section 3 paragraph 1 below) such testimony shall not constitute a waiver of the Parenting Coordinator's quasi-judicial immunity. II. AUTHORITY OF PARENTING COORDINATOR 1. The Parenting Coordinator may make decisions or orders resolving conflicts between the parents which do not affect the court's exclusive jurisdiction to determine fundamental issues of custody and time-share. If either party requests a change to a provision set forth in an existing order re child related issues, the party requesting the change FL041 (Rev. 5/11) STIPULATION AND ORDER RE APPOINTMENT OF PARENTING COORDINATOR (Mandatory Form) Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com must demonstrate to the Parenting Coordinator that a change in the family's situation has occurred which warrants changing the specific provision in an existing order. 2. The Parenting Coordinator does not have the authority to change the custodial designation of joint or, sole, legal or physical custody established in a current order of the court. Modification of the custodial designations is reserved to the Marin County Superior Court for adjudication. Further, the Parenting Coordinator shall not make any decisions or orders which substantially alter or reconfigure the parents' time sharing arrangements (defined as increasing or decreasing a parent's time more than four (4) nights per month). 3. Substantial changes to time-share arrangements are reserved to the Marin County Superior Court for adjudication and may be presented to the court by either party upon the recommendation of the Parenting Coordinator (See section IV, paragraph 2) or in the form of an order to show cause or notice of motion. In an emergency, the Parenting Coordinator may ask the court to initiate an Order to Show Cause on its own motion. 4. The Parenting Coordinator may make recommendations but not orders with respect to the matters set forth below in section IV. III. AUTHORITY TO MAKE DECISIONS AND ORDERS 1. Each party specifically agrees that the Parenting Coordinator may make decisions or orders regarding possible conflicts they may have on the following issues, and that such decisions are effective as orders when made and will continue in effect unless modified or set aside by a court of competent jurisdiction: a. Dates, time, designated person, location, and method of pick up and delivery. b. Reorganization of school vacation and/or holiday time resulting in increases/decreases of one week or less. c. Modification of schedule by not more than four nights per month including, but not limited to, modifications when developmentally appropriate for child(ren) under the age of six. d. Care providers for child(ren). e. Child rearing disputes such as bedtime, diet, clothing, homework, and discipline. f. Scheduling disputes arising from afterschool, enrichment, athletic, and other activities. g. After school and enrichment activities. h. Health care management. i. Participation of others in child's time with each parent (significant others, relatives, etc.). j. Other: ____________________________________________ (Note: the parents may modify or exclude specified items from the above list by agreement of the parents and Parenting Coordinator), 2. Decisions on the matters listed above are binding when communicated by phone, voicemail, fax, or email. If communicated by phone or voicemail, a written communication will also be sent to the parents. By the parents signing this agreement, the Parenting Coordinator's decisions on the issues listed above in paragraph 1 are final. IV. AUTHORITY TO MAKE RECOMMENDATIONS TO THE COURT: 1. The Parenting Coordinator will have authority to make recommendations on the
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