How do parents trapped in family law disputes related to their children get help to break free from their BC parenting time and child custody “gordion knot”? MacLean Law has experienced parenting coordinators, arbitrators and mediators who can help you resolve your family matters in Fort St John and Dawson Creek, Kelowna, Vancouver and Surrey BC. Our BC parenting coordinators work with you to reach consensus and if necessary will determine disputed issues.
This week’s BC parenting coordinators appointment decision ordered the appointment of a parent coordinator to help two parents locked in a high conflict parenting dispute move forward. In JC v. KC Mr. Justice Armstrong discussed the current state of the law related to the appointment of the BC parenting coordinators as follows:
[317] The authority to appoint a parenting coordinator flows from s. 15 of the FLA:
15(1) In this Division, “parenting coordination agreement or order” means a written agreement or an order to use a parenting coordinator.
(2) A parenting coordinator may assist only
(a) if there is a parenting coordination agreement or order in place, and
(b) for the purpose of implementing an agreement or order respecting parenting arrangements, contact with a child or other prescribed matters.
(3) A parenting coordination agreement or order may be made at the same time as, or after, an agreement or order respecting parenting arrangements, contact with a child or other prescribed matters is made.
(4) A parenting coordinator’s authority to act ends 2 years after the parenting coordination agreement or order is made, unless the parenting coordination agreement or order specifies that the parenting coordinator’s authority is to end on an earlier date or on the occurrence of an earlier event.
(5) Despite subsection (4), a parenting coordination agreement or order may be extended by a further parenting coordination agreement or order, but each extension may be for no more than 2 years.
(6) Despite subsection (4), a parenting coordination agreement or order may be terminated at any time as follows:
(a) in the case of an agreement, by agreement of the parties or by an order made on application by either of the parties;
(b) in the case of an order, by an order made on application by either of the parties;
(c) in any case, by the parenting coordinator, on giving notice to the parties and, if the parenting coordinator is acting under an order, to the court.
[318] With regards to the appointment of parenting coordinators, the observations of the Court in D.C. v. B.C., 2013 BCSC 915 [D.C.] at para. 58 are apposite to this case:
As a part of this order I appoint a parenting coordinator. I so do because this is a case in which there is a history of conflict, animosity and delayed responsiveness on B.C.’s part in necessary decision-making in important matters regarding D. I do not accept that, as B.C. submits, this pattern is likely to change quickly or dramatically once the litigation has concluded. When the inevitable conflicts continue to erupt, however, a parenting coordinator may well be the most effective and inexpensive means by which they can be resolved in D’s best interests.
[319] In Silverman v. Silverman, 2013 BCSC 601 [Silverman], the Court said at para. 22:
I do appreciate that a parenting coordinator costs money, but I cannot believe that such a service could possibly cost more than the parties have seen fit to spend on battling in court. Indeed, I would expect a significant saving. If they can manage to be sensible and reach agreements in the best interests of their children without requiring the services, then the expense will be minimal. But most importantly, I am satisfied that the intervention of a parenting coordinator is essential to the children’s welfare. It follows that the parents will just have to reprioritize their expenses. As will be seen, they are not entirely without financial resources.
[320] In order to ensure that the parties change their relationship, I believe it is important that they have assistance in the services of a parenting coordinator pursuant to s. 15 of the FLA. I am guided by the observations of the Court in D.C. and in Silverman, and I accept that the history of conflict, animosity, and communication difficulties in this case will not resolve easily. It is in the best interests of the children to have a parenting coordinator.
[321] Parenting coordinators may be costly but the parties should be able to minimize these charges if they can adopt a more measured response to concerns of the other spouse.
Parenting coordinators can help bridge communication issues and help parents gain a fresh perspective on how to end longstanding disputes over raising their children after separation. If you are involved in a case where you want a legal opinion or advice concerning whether a BC parenting coordinator can help you and your spouse call us across BC toll free at 1-877-602-9900.
