Free NOTICE TO THE BAR - New Jersey

Attorneys for SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART COUNTY OF DOCKET NO. F Plaintiff, v. CIVIL ACTION ORDER APPOINTING PARENTING COORDINATOR

Defendant

THIS MATTER having been opened by the Court on its own motion, or to the Court by , Esq., attorneys for the Plaintiff Plaintiff Defendant, and Defendant,

, Esq. appearing on behalf of

and the Court having found that it is in the best interests of the child(ren) that a Parenting Coordinator be appointed to assist the parties in resolving their conflicts; and for good cause having been shown; IT IS ON THIS 1. APPOINTMENT: DAY OF , 200 , ORDERED AS FOLLOWS: , located at is appointed as Parenting Coordinator for a term of 2. .

ROLE OF PARENTING COORDINATOR: The Parenting Coordinator shall serve to attempt to assist the parties to resolve conflicts related to . The Parenting Coordinator shall not have the authority to change existing Orders of the Court unless the parties consent and enter into a Consent Order.

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3.

NO CONFIDENTIALITY: All communications from the parties and/or their lawyers to the Parenting Coordinator and/or from the Parenting Coordinator to the parties and/or their lawyers shall not be deemed confidential, but rather shall be admissible in evidence, under New Jersey Rules of Evidence and Rules of Court.

4.

RECOMMENDATIONS: The Parenting Coordinator will make recommendations to the parties (and their respective attorneys) directly. If either party objects to the recommendation, and refuses to be bound by the same, either party may apply to the court pursuant to the Rules for determination of the issues. In connection with any such application, either party may submit the Parenting Coordinator's recommendation and any additional relevant evidence, in accordance with the Rules of Court. The court may assess counsel fees pursuant to the Rules in connection with said application. The parties shall provide notice to the Parenting Coordinator of any application to the court related to custody or parenting time issues including requests for relief on an emergent basis.

5.

SOURCES OF INFORMATION: Each party is ordered to provide the Parenting Coordinator with all requested information including the signing of all releases requested for collateral contacts. The Parenting Coordinator may have contact with any professional or other individual he/she deems necessary to perform the duties as Parenting Coordinator (e.g., the children, therapists, physicians, childcare providers, teachers, family members).

6.

SCOPE: The Parenting Coordinator shall make recommendations to the parties about issues identified in the Order of Appointment.

7.

PROTOCOL: Consistent with this Rule, the Parenting Coordinator may determine the protocol of all communications, interviews, and sessions including who shall or may attend the meetings.

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8.

COMMUNICATION: The parties and their attorneys shall have the right to initiate or receive oral one-sided communication with the Parenting Coordinator but the fact of such communication shall be made known to the other party contemporaneously with its occurring through confirmatory written memorialization. Any party or counsel may communicate in writing with the Parenting Coordinator provided that copies are provided to the other party and counsel simultaneously. Copies of any documents, tape recordings or other electronic material that one party gives to the Parenting Coordinator must also be given to the other party or his/her attorney.

9.

ALLOCATION OF FEES: The Parenting Coordinator's fees shall be paid by the parties as follows: plaintiff % and defendant %. In the event of a

request for reallocation of fees and costs, the Parenting Coordinator may submit findings and recommendations concerning this issue. 10. RETAINER: The parties will pay to the Parenting Coordinator a joint retainer in the percentages referred to above in an amount to be determined by the Parenting Coordinator. 11. TESTIMONY: All testimony by the Parenting Coordinator in connection with these proceedings or other proceedings involving any or all of the participants in this proceeding shall be deemed expert testimony if qualified and paid accordingly. 12. COOPERATION OF THE PARTIES: In the event the Parenting Coordinator believes either party has been recalcitrant and/or non-cooperative and thereby has interfered with the parenting coordinating process, that view shall be communicated in writing to the parties and their attorneys, who may then petition the court for appropriate relief, including, but not limited to, sanctions, counsel fees, and the remedies set forth in Rule 5:3-7.

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13.

TERMINATION/GRIEVANCE: The Parenting Coordinator may withdraw from service at any time, on ten days notice to the parties and the court, if she/he determines resignation to be in the best interests of the children or she/he is unable to serve out the term set forth in this order. A party having a complaint or grievance shall discuss the matter with the Parenting Coordinator in person in an attempt to resolve it before pursuing it in any other manner. If the issue remains unresolved, the aggrieved party shall submit a written letter detailing the complaint or grievance to the Parenting Coordinator with a copy to the other party, both attorneys (if any), and to the attorney for the child(ren) if one is in place. The Parenting Coordinator shall within thirty (30) days provide a written response to both parties and the attorneys. The Parenting Coordinator at his/her discretion may schedule a meeting or conference call with the attorneys or with the attorneys and the parties in an effort to resolve the complaint. In situations where the grievance or complaint is not resolved by this process, the dissatisfied party may request a court hearing to address and resolve the issues that have been raised.

__________________________________ J.S.C.

Published: 04/2007, CN: 10979-English

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