In Search of Statutory Authority for Parenting Coordinator Orders in California: Using a Grass-roots, Hybrid Model Without an Enabling Statute

Abstract

ABSTRACT The Parenting Coordinator (PC) model of alternate dispute resolution (ADR) diverts cases involving frequent child custody modification and enforcement disputes out of the courtroom to a private decision-maker working informally with the family. This article examines the legal and social policy considerations that go into developing a form stipulation and order appointing a PC for use in California family courts, where there is no statutory basis for appointment of a PC. Those same considerations will be important in other states that do not have enabling legislation, and in the development of enabling legislation and court rules. In California, the statutory provisions governing contractual arbitration carry the most promise for ensuring enforceability of the process, if appellate courts accept the consensual delegation of judicial authority to determine children's best interests. Stipulations that are modest in the scope of authority given to the PC and provide for judicial supervision stand the greatest chance of approval by appellate courts.