Domestic relations decision makers and arbitrators

In 2006, the state passed a law that helps courts work through particularly high conflict family law cases. The law formalized what many courts had been doing in family law for years, which was appointing parenting coordinators or domestic relations decision makers in cases where the couples needed a third party to help navigate their dispute.

There are three levels of resources a court may use. The first is a parenting coordinator, which was discussed in this post (link to previous post). In some instances though, a parenting coordinator may not be appropriate. The court may use a domestic relations decision maker in other instances, where the parties need more intervention or oversight.

A domestic relations decision maker is given binding authority to resolve disputes between the parties as to the implementation or clarification of existing orders regarding the parties’ children, including but not limited to: disputes concerning parenting time; specific decisions regarding a child like medical care or schooling; and child support. Both parties must agree in writing to use a decision maker, and the parties will create a written agreement that specifies that person’s role. This person’s role is not to create a new parenting plan but to ensure that the existing plan is implemented as written. If the parties need to modify their existing agreement, they will have to return to court to do so.

The final level a court may use in a high-conflict family law case is arbitration. This process involves a much more formal approach because an arbitrator has the ability to modify or change the rights and interests of the parties. Like the decision-maker, the parties will create an agreement with the arbitrator that outlines the arbitrator’s authority and limitations.

To learn more about these resources, here’s a helpful article.

The role of parenting coordinators

In 2006, Colorado lawmakers formalized a process that many courts had been using for years, that allowed judges to appoint parenting coordinators in family law cases. Before the law passed, there was no consensus on the use of domestic relations or parenting decision makers.

Gov. Bill Owens signed a law in 2006 that provides a framework for professional intervention in family law cases that includes parenting coordinators, domestic relations decision-makers and arbitrators.

The goal of the law was to help provide resources for high-conflict cases. There are three levels of assistance that allow courts to specialize the intervention for each case.

The first level of intervention calls for a parenting coordinator, who is a trained, neutral party who assists in the resolution of disputes between the parties concerning parental responsibilities, including the implementation of court-ordered parenting plans. The coordinator’s work will include helping the parties create a mutually agreed-upon parenting plan; developing rules or guidelines that the parents should use when communicating with one another; suggesting resources the parents can use in those communications as well as suggesting other parenting resources; helping the parties identify the sources and causes of conflicts and then helping the parents find ways to minimize those conflicts.

These parenting coordinators will serve in their roles for a certain period, but no longer than two years (unless the parties agree to extend the appointment), and the court will specify how the parties will pay for the coordinator’s services. These individuals can be an invaluable resource for both parents during what can be a very difficult time, so you should consider using them to help you find the right solution for your family.

To read more about parenting coordinators, read this article.