In Re: Amendments to the Florida Rules for Qualified and Court-Appointed Parenting Coordinators

Supreme Court of Florida
____________
No. SC2022-1704
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IN RE: AMENDMENTS TO THE FLORIDA RULES FOR
QUALIFIED AND COURT-APPOINTED PARENTING
COORDINATORS.
July 13, 2023
PER CURIAM.
The Supreme Court Committee on Alternative Dispute
Resolution Rules and Policy (Committee) proposes amendments to
the Florida Rules for Qualified and Court-Appointed Parenting
Coordinators.1 The amendments pertain solely to the Parenting
Coordinator Rules under Part II, which is proposed to be renamed
1. The Committee proposes the amendments pursuant to In re
Committee on Alternative Dispute Resolution Rules and Policy, Fla.
Admin. Order No. AOSC22-27 (July 12, 2022), which charges the
Committee with monitoring court rules governing alternative
dispute resolution procedures and recommending necessary
changes to the Court.
“Standards,” and includes rules 15.200-15.298. We have
jurisdiction. 2
Prior to filing its rule proposals with the Court, the Committee
sent its proposals to various alternative dispute resolution (ADR)
stakeholders and published its proposals for comment and received
comments from an ADR director from the Twentieth Judicial
Circuit; the Honorable Michelle Morley, Fifth Judicial Circuit Judge;
and two individuals with the Fifteenth Judicial Circuit. All
comments were reviewed, and some revisions were made. Upon the
Court’s publication of the proposals, comments were received from
the Family Law Section of The Florida Bar, the Steering Committee
on Families and Children in the Court, and a qualified parenting
coordinator.
After considering the Committee’s proposed amendments, the
comments, and the Committee’s response, we adopt the
amendments as proposed, with the additional revisions made by the
Committee in response to the comments filed with this Court and
2. Art. V, § 2(a), Fla. Const.
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one modification suggested by a commenter. We discuss some of
the revisions below.
First, throughout the body of rules, revisions are made
consistent with In re Guidelines for Rules Submissions, Fla. Admin.
Order No. AOSC22-78 (Fla. Oct. 24, 2022), including updating
“shall” to “must” or “will,” updating “shall be” to “is,” and updating
“shall not” to “must not” or “may not,” as appropriate.
Next, many rules are relocated, either as newly numbered or
renumbered, to ensure the content and subject matter of the rules
flow in a cohesive manner, and to facilitate the use and
understanding of the rules by parenting coordinators, the courts,
and the parties.
Also, a few specific rule amendments warrant brief discussion.
Rule 15.205 is retitled “Parenting Coordination, Coparent, and
Party Defined,” and the definition of party in rule 15.205 now tracks
the language of section 61.125(g), Florida Statutes (2023). Rule
15.210 is retitled as “Parenting Coordination Concepts and
Functions of the Parenting Coordinator,” and in particular adds a
non-exhaustive list of functions of a parenting coordinator.
Further, current rule 15.230 (Impartiality) is renumbered to 15.251,
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and relettered subdivision (g) (Withdrawal) is clarified to reflect the
manner in which a parenting coordinator may withdraw and his or
her obligation prior to the court approving the withdrawal.
Accordingly, the Florida Rules for Qualified and Court-
Appointed Parenting Coordinators are amended as reflected in the
appendix to this opinion. New language is indicated by
underscoring; deletions are indicated by struck-through type. The
amendments shall become effective on October 1, 2023, at 12:01
a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.
SASSO, J., did not participate.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Supreme Court Committee on Alternative
Dispute Resolution Rules and Policy
Hon. Michael S. Orfinger, Chair, Committee on Alternative Dispute
Resolution Rules and Policy, DeLand, Florida, and Thomas A.
David, Chief, Alternative Dispute Resolution, Office of the State
Courts Administrator, Tallahassee, Florida,
for Petitioner
Sarah E. Kay, Chair, Family Law Section of The Florida Bar, Tampa,
Florida, Philip S. Wartenberg, Past Chair, Family Law Section of The
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Florida Bar, Tampa, Florida, Matthew Eugene Thatcher, Chair,
Alternative Dispute Resolution Committee, Family Law Section of
The Florida Bar, Tampa, Florida, Temi N. Zeitenberg, Co-Chair,
Rules and Forms Committee, Family Law Section of The Florida
Bar, Boca Raton, Florida, Marck Joseph, Co-Chair, Rules and
Forms Committee, Family Law Section of The Florida Bar, Miami,
Florida, Kristin R.H. Kirkner, Past Co-Chair, Rules and Forms
Committee, Family Law Section of The Florida Bar, Tampa, Florida,
and Tenesia C. Hall, Past Co-Chair, Rules and Forms Committee,
Family Law Section of The Florida Bar, Orlando, Florida; Hon. Hope
T. Bristol, Chair, Steering Committee on Families and Children in
the Court, Fort Lauderdale, Florida, and Avron Bernstein, Senior
Attorney, Office of the State Courts Administrator, Tallahassee,
Florida; and Valorie Hoppenworth, Tallahassee, Florida,
Responding with comments
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APPENDIX
Florida Rules for Qualified and Court-Appointed Parenting
Coordinators
Part II. Standards of Professional Conduct
Rule 15.200. Applicability of Standards
These standards apply to all qualified parenting coordinators
and court-appointed parenting coordinators. A qualified parenting
coordinator is anyone who is qualifiedeligible to serve as a parenting
coordinator pursuant to the parenting coordination section of
Chapter 61, Florida Statutes, and has been approved by the court
to serve as a qualified parenting coordinator or to be on a qualified
parenting coordination panel for any circuit.
Rule 15.205. Parenting Coordination, Coparent, and Party
Defined
Parenting coordination is a child-focused alternative dispute
resolution process whereby a parenting coordinator assists the
coparents in creating or implementing a parenting plan by
facilitating the resolution of disputes between the coparents by
providing education, making recommendations, and, with the prior
approval of the coparents and the court, making limited decisions
within the scope of the court’s order of referral.
For the purposes of these standards,rules:
(a) “Coparent” refers to the child’s mother, father, legal
guardian, or other person who is acting as a parent or guardian.is
defined as a party who is an individual who shares legal
responsibility for a child with another individual, regardless of
biological relationship or the circumstances under which
responsibility has been initiated or defined, such as grandparents
or guardians. Unless context requires otherwise, the term “parent”
is used interchangeably with the term “coparent.”
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(b) “Party” is defined as a person participating directly, or
through a designated representative, in parenting coordination.
Rule 15.210. Parenting Coordination Concepts and Functions
of the Parenting Coordinator
(a) Parenting Coordination. Parenting coordination is a child-
focused alternative dispute resolution process that emphasizes the
needs and interests of children, coparents, and families. It is based
on the concepts of communication, education, negotiation,
facilitation, and problem-solving. The role of a parenting
coordinator includes the integration of skills and core knowledge
drawn primarily from the areas of mental health, law, and conflict
resolution.
(b) Functions. Parenting coordinator functions include, but
are not limited to:
(1) Intake Process. A parenting coordinator must screen
parties referred for services for suitability of the process.
(2) Assessment. A parenting coordinator must conduct
ongoing assessment regarding appropriateness of parties for
continuation in the parenting coordination process, the need for a
referral to another professional for services, and the safety of family
members and the parenting coordinator.
(3) Education. A parenting coordinator must educate
parties on subject matters related to the coparenting of their
children and coparenting skills.
(4) Coordination. A parenting coordinator may work with
the professionals and systems involved with the family, as well as
extended family, stepparents, and significant others.
(5) Case Management. A parenting coordinator must
monitor compliance and violations of court orders regarding child-
related matters.
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(6) Conflict Management. A parenting coordinator helps
parties resolve or manage child-related conflict.
(7) Decision-making. A parenting coordinator must only
make decisions within the authority provided to the parenting
coordinator as required or permitted by law, court rule, or court
order.
Rule 15.216. Responsibility to the Courts
(a) Candor with Referring Court. A parenting coordinator
must be candid, accurate, and responsive to the court concerning
the parenting coordinator’s qualifications, availability, and other
administrative matters.
(b) Providing Information to the Court. When a parenting
coordinator provides information to the court, the parenting
coordinators must do so in a manner consistent with court rules
and statutes. A parenting coordinator must notify the court if a
court order conflicts with the parenting coordinator’s professional
ethical responsibilities.
(c) Withdrawal. Prior to withdrawing, a parenting coordinator
must seek and obtain court approval. A parenting coordinator is not
prohibited from discontinuing services prior to the court approving
the withdrawal. However, the parenting coordinator must ensure
that the parties’ interests, especially the best interest of the child,
are not adversely affected by such discontinuation.
Rule 15.221. Compliance with Authority
A parenting coordinator must comply with all statutes, court
rules, local court rules, and court administrative orders relevant to
the parenting coordination process.
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Rule 15.226. Improper Influence
A parenting coordinator must refrain from any activity that
has the appearance of improperly influencing a court to secure
appointments for cases.
Rule 15.231. Education and Training
A parenting coordinator must comply with all statutes, rules,
and court requirements relative to qualifications, training, and
education.
Rule 15.21536. Competence
(a) Professional Competence. A Pparenting coordinators shall
acquiremust have and maintain professional competence in
parenting coordination. A parenting coordinator mustshall regularly
participate in educational activities promoting professional growth.
(b) Circumstances Affecting Role. If personal circumstances
such as but not limited to, medical, mental health, substance
misuse, or dependence, exist that compromise a parenting
coordinator’s ability to perform his or her duties, the Pparenting
coordinators shallmust decline appointment on new cases and seek
to withdraw from the parenting coordination role if circumstances
ariseany case in which impair the parenting coordinator’s’
competencyability to perform his or her duties is compromised.
(c) Skill and Experience. A parenting coordinator shallmust
decline an appointment, seek to withdraw, or request appropriate
assistancedirection from the court when the facts and
circumstances of the case are beyond the parenting coordinator’s
skill or experience.
(d) Knowledge. A parenting coordinator shallmust maintain
knowledge of all current statutes, court rules, local court rules, and
court and administrative ordersrequirements relevant to the
parenting coordination process, including qualifications, training,
and education.
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Rule 15.22041. Integrity
(a) Avoiding Dual Relationships. A parenting coordinator
shall not accept the role of parenting coordinator if there has been a
prior personal, professional or business relationship with the
parties or their family members. A parenting coordinator shall not
enter into a personal, professional or business relationship with the
parties or their family members during the parenting coordination
process or for a reasonable time after the parenting coordination
process has concluded.Maintaining Integrity. A parenting
coordinator must not accept any engagement, provide any service,
or perform any act that would compromise the parenting
coordinator’s integrity or the integrity of the parenting coordination
process.
(b) Respect for Diversity. A Pparenting coordinators
shallmust not allow their personal values, morals, or religious
beliefs to undermine or influence the parenting coordination
process or their efforts to assist the parents and children. If the
parenting coordinator has personal, moral, or religious beliefs that
will interfere with the process or the parenting coordinator’s respect
for personsparticipants involved in the parenting coordination
process, the parenting coordinator shallmust decline the
appointment or seek to withdraw from the process.
(c) Inappropriate Activity. Parenting coordinators shall not
engage in any form of harassment or exploitation of parents,
children, students, trainees, supervisees, employees, or colleagues.
(d) Misrepresentation. A parenting coordinator mustshall not
intentionally or knowingly misrepresent any material fact or
circumstance in the course of conducting a parenting coordination
process.
(ed) Demeanor. A parenting coordinator shallmust be patient,
dignified, and courteous during the parenting coordination process.
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(f) Maintaining Integrity. A parenting coordinator shall not
accept any engagement, provide any service, or perform any act that
would compromise the parenting coordinator’s integrity.
(ge) Avoiding Coercion. A parenting coordinator shallmust
not unfairlycoerce or improperly influence the parties as a means to
achieve a desired result.
Committee Notes
[No Change]
Rule 15.22546. Advice, Recommendations, and Information
(a) Informing Parties of Risks. Prior to a parenting
coordinator making substantive recommendations to the parties
regarding timesharing and parental responsibilities, the parenting
coordinator should inform the parties of the inherent risk of making
substantive recommendations without adequate dataExplanation
of Parenting Coordination Process. A parenting coordinator must
explain the parenting coordination process to the parties and the
participants in language and terms all parties and participants can
understand.
(b) Clarification of the Parenting Coordinator’s Role. At the
commencement of the parenting coordination process, and as
appropriate thereafter, a parenting coordinator must review the
court order and any professional services agreement with the
parties to clarify with them the nature of the parenting
coordinator’s role, function, authority, provision of confidentiality,
and procedures.
(c) Children Involved in the Parenting Coordination
Process. When meeting with children, a parenting coordinator must
explain, in developmentally appropriate language, the parenting
coordinator’s role, provisions of confidentiality, and anticipated
involvement of the children in the process.
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(bd) Right to Independent Counsel. When a parenting
coordinator believes a party does not understand or appreciate the
party’s legal rights or obligations, the parenting coordinator
shallmust advise the party of the right to seek independent legal
counsel.
(e) Right to Seek Court Redress. A parenting coordinator
must communicate to parties their right to seek redress with the
court.
Rule 15.23051. Impartiality
(a) Definition of Impartiality. Impartiality is defined as
freedom from favoritism or bias in word or action and includes a
commitment to assist all parties as opposed to any one individual.
(b) Freedom from Favoritism and Bias. A parenting
coordinator shallmust conduct the parenting coordination process
in an impartial manner. Impartiality means freedom from favoritism
or bias in word, action, and appearance.
(c) Neutrality. Neutrality refers to not favoring one outcome
over another. While a parenting coordinator must remain neutral,
impartial, and unbiased throughout the process, a parenting
coordinator may only make recommendations and decisions that
the parenting coordinator believes are in the best interest of the
children. Favoring outcomes that the parenting coordinator believes
are in the best interests of the child is not a breach of neutrality.
(d) Influence. A parenting coordinator must not be influenced
by outside pressure, bias, fear of criticism, or self-interest,
including monetary gain.
(be) Disclosure. A parenting coordinator shallmust advise all
parties of circumstances which may impact the parenting
coordinator’s impartiality including, but not limited to, potential
conflicts of interests bearing on possible bias, prejudice, or
impartiality.
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(c) Influence. A parenting coordinator shall not be influenced
by outside pressure, bias, fear of criticism, or self-interest.
(df) Gifts. A parenting coordinator shallmust not give, accept,
or request a gift, favor, loan, or other item of value to or from a
party, attorney, or any other person involved in and arising from
any parenting coordination process.
(e) Prohibited Relationships. After accepting appointment,
and for a reasonable period of time after the parenting coordination
process has concluded, a parenting coordinator shall avoid entering
into family, business, or personal relationships which could affect
impartiality or give the appearance of partiality, bias, or influence.
(fg) Withdrawal. Prior to withdrawing, Aa parenting
coordinator shallmust seek and obtain court approval. A parenting
coordinator is not prohibited from discontinuing services prior to
the court approving the withdrawal. However, the from a parenting
coordinationor must ensure that the parties’ interests, especially
the best interest of the child, are not adversely affected by such
discontinuation process if the parenting coordinator can no longer
be impartial.
Rule 15.23556. Conflicts of Interest
(a) GenerallyService. A parenting coordinator shallmust not
serve as a parenting coordinator in a matter that presents a clear or
undisclosed conflict of interest.
(b) Definition of Conflict of Interest. A conflict of interest is
defined as a situation in which a parenting coordinator has
competing interests or loyalties and serving one interest may involve
working against another interest. A conflict of interest arises when
any relationship between the parenting coordinator and theany
parenting coordination participants or the subject matter of the
dispute compromises or appears to compromise the parenting
coordinator’s impartiality.
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(bc) Disclosure. The burden of disclosure rests on the
parenting coordinator. All such disclosures shallmust be made as
soon as practicalpracticable after the parenting coordinator
becomes aware of the interest or relationship. After appropriate
disclosure, the parenting coordinator may serve if all parties agree.
However, if a conflict of interest clearly impairs a parenting
coordinator’s impartiality, the parenting coordinator shallmust
withdraw, or seek to withdraw, regardless of the express agreement
of the parties.
(d) Clear Conflict of Interest. A clear conflict of interest
includes, but is not limited to, the following circumstances:
(1) the parenting coordinator (or the parenting
coordinator’s spouse or domestic partner) is related by blood,
adoption, or marriage to a person within the third degree of
relationship to any of the parties, participants, or a participant’s
spouse or domestic partner;
(2) the parenting coordinator previously provided services
to (other than parenting coordinator services) or represented one of
the parties or participants in the matters at issue; and
(3) the parenting coordinator is currently providing
services to (other than parenting coordination services) or
representing one of the parties or participants.
(e) Conflicts Arising Before Service. A parenting coordinator
must not accept the role of parenting coordinator if there has been
a prior personal, professional, or business relationship with any of
the parties or their family members.
(f) Conflicts Arising During Service.
(1) A parenting coordinator must not create a conflict of
interest during the parenting coordination process.
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(2) A parenting coordinator must not enter into a
personal, professional, or business relationship with the parties or
their family members during the parenting coordination process.
(3) During the parenting coordination process, the
parenting coordinator must not provide any services that are not
directly related to the parenting coordination process. A parenting
coordinator is accordingly prohibited from providing services
including, but not limited to, accounting, psychiatric, legal, or
paralegal services, psychological or social counseling, therapy, or
business consultations of any sort during the parenting
coordination process.
(g) Conflicts Arising After Service. Following the conclusion
of the parenting coordination process, a parenting coordinator must
not establish personal or professional relationships with any of the
parties or participants in any matter that would raise questions
about the integrity of the parenting coordination process. When a
parenting coordinator develops personal or professional
relationships with parties, other individuals, or organizations
subsequent to the parenting coordination process in which they
were involved, the parenting coordinator must consider factors such
as time elapsed, the nature of the relationships established, and
services offered when determining whether the relationships might
create a perceived or actual conflict of interest.
(ch) Solicitation Prohibited. A parenting coordinator
shallmust not use the parenting coordination process to solicit,
encourage, or otherwise incur future professional services with any
partyparties or others involved in the parenting coordination
process.
(i) Referrals. A parenting coordinator may make referrals for
additional professional services for parties, children, or other family
members, but must avoid any actual or perceived conflicts of
interest when making such referrals.
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Committee Notes
[No Change]
Rule 15.261. Confidentiality
(a) Preservation of Confidentiality. A parenting coordinator
must maintain confidentiality of all communications made by,
between, or among the parties and participants and the parenting
coordinator, except when disclosure is required or permitted by law
or court order.
(b) Records. The parenting coordinator must maintain
confidentiality of all records developed or obtained during the
parenting coordination process in accordance with law or court
order.
(c) Disclosure. A parenting coordinator must inform all parties
and participants in the parenting coordination process of
confidentiality and limitations on confidentiality before the process
commences and throughout the process.
(d) Communications with Others. Communication with
others must be consistent with the court order, court rules, and
Florida Statutes regarding parenting coordination.
(be) Use of Materials for Educational Purposes. A parenting
coordinator must not directly or indirectly disclose the identity of
the parents, children, or other participants involved in the
parenting coordination process when information is used in
teaching, writing, consulting, research, and public presentations.
Rule 15.24066. Scheduling the Parenting Coordination Process
A parenting coordinator shallmust schedule parenting
coordination sessions in a manner that provides adequate time for
the process. A parenting coordinator shallmust perform parenting
coordination services in a timely fashion, avoiding delays whenever
possible.
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Rule 15.245. Compliance with Authority
A parenting coordinator shall comply with all statutes, court
rules, local court rules, and court and administrative orders
relevant to the parenting coordination process.
Rule 15.250. Improper Influence
A parenting coordinator shall refrain from any activity that has
the appearance of improperly influencing a court to secure an
appointment to a case.
Rule 15.255. Marketing Practices
(a) False or Misleading Marketing Practices. A parenting
coordinator shall not engage in any marketing practice, including
advertising, which contains false or misleading information. A
parenting coordinator shall ensure that any marketing of the
parenting coordinator's qualifications, services to be rendered, or
the parenting coordination process is accurate and honest.
(b) Qualification. Any marketing practice in which a parenting
coordinator indicates that such parenting coordinator is “qualified”
is misleading unless the parenting coordinator indicates the Florida
judicial circuits in which the parenting coordinator has been
qualified.
(c) Prior Adjudicative Experience. Any marketing practice is
misleading if the parenting coordinator states or implies that prior
adjudicative experience, including, but not limited to, service as a
judge, magistrate, or administrative hearing officer, makes one a
better or more qualified parenting coordinator.
(d) Prohibited Claims or Promises. A parenting coordinator
shall not make claims of achieving specific outcomes or promises
implying favoritism for the purpose of obtaining business.
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(e) Additional Prohibited Marketing Practices. A parenting
coordinator shall not engage in any marketing practice that
diminishes the importance of a party's right to self-determination or
the impartiality of the parenting coordinator, or that demeans the
dignity of the parenting coordination process or the judicial system.
Committee Note
The roles of a parenting coordinator and an adjudicator are
fundamentally distinct. The integrity of the judicial system may be
impugned when the prestige of the judicial office is used for
commercial purposes. When engaging in any parenting coordinator
marketing practice, a former adjudicative officer should not lend the
prestige of the judicial office to advance private interests in a
manner inconsistent with this rule. For example, the depiction of a
parenting coordinator in judicial robes or use of the word “judge”
with or without modifiers to the parenting coordinator's name
would be inappropriate. However, an accurate representation of the
parenting coordinator's judicial experience would not be
inappropriate.
Rule 15.260. Concurrent Standards
Other ethical standards to which a parenting coordinator may
be professionally bound are not abrogated by these rules. In the
course of performing parenting coordination services, however,
these rules prevail over any conflicting ethical standards to which a
parenting coordinator may otherwise be bound.
Rule 15.265. Relationship with Other Professionals
A parenting coordinator shall respect the role of other
professional disciplines in the parenting coordination process and
shall promote cooperation between parenting coordinators and
other professionals.
Rule 15.270. Confidentiality
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(a) Preservation of Confidentiality. A parenting coordinator
shall maintain confidentiality of all communications made by,
between, or among the parties and the parenting coordinator except
when disclosure is required or permitted by law or court order. The
parenting coordinator shall maintain confidentiality of all records
developed or obtained during the parenting coordination process in
accordance with law or court order.
(b) Use of Materials for Educational Purposes. A parenting
coordinator shall not disclose the identity of the parents, children,
or other persons involved in the parenting coordination process
when information is used in teaching, writing, consulting, research,
and public presentations.
(c) Record Keeping. A parenting coordinator shall maintain
privacy in the storage and disposal of records and shall not disclose
any identifying information when materials are used for research,
training, or statistical compilations.
Rule 15.2751. Notice and Initial Session
(a) Notice of Fees. Prior to an initial meeting with the parties
in a parenting coordination session, the parenting coordinator shall
provide written notice of all fees, costs, methods of payment and
collection.
(b) Initial Session. At the initial session a parenting
coordinator shall, in person,must describe the terms of the Order of
Referral, if any, and inform the participants of the following, orally
and in writing of the following:
(1) the parenting coordination process, the role of the
parenting coordinator, and the prohibition against dual roles;
(2) parenting coordination is an alternative dispute
resolution process wherein a parenting coordinator assists
coparents in creating or implementing a parenting plan;
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(3) the parenting coordinator may provide education and
make recommendations to the parties, and, with prior approval of
the parents and the court, make non-substantive decisions
consistent with the court’s order of referral;
(4) the parenting coordinator may make limited, non-
substantive decisions with prior approval of the parties as allowed
by the court’s order of referral;
(5) the parenting coordinator may have additional
authority consistent with the applicable Florida Family Law Rules of
Procedure and the court’s order of referral;
(46) communications made during the parenting
coordination session are confidential, except where disclosure is
required or permitted by law or court order;
(57) all fees, costs, methods of payment, and collections
related to the parenting coordination process;
(68) the court’s role in overseeing the parenting
coordination process, including a party’s right to seek court
intervention;
(79) the party’s right to seek legal advice; and
(810) the extent to which parties are required to
participate in the parenting coordination process.
Rule 15.28076 . Fees, and Costs, and Expenses
(a) General Principles. A parenting coordinator holds a
position of trust and must fully disclose and explain the basis of
any fees, costs, and expenses to the parties. Fees shall be
reasonable and be guided by the following general principles:
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(a) Changes in Fees, Costs, or Payments. Once services have
begun, parenting coordinators shall provide advance written notice
of any changes in fees or other charges.
(b) Maintenance of Financial Records. Parenting
coordinators shall maintain the records necessary to support
charges for services and expenses, and, upon request, shall make
an accounting to the parents, their counsel, or the court.
(cb) Equitable Service. Parenting coordinators shallmust
provide the same quality of service to all parties regardless of the
amount of each party’s financial contribution.
(dc) Basis for Charges. Charges for parenting coordination
services based on time shallmay not exceed actual time spent or
allocated.
(ed) Costs. Charges for costs shallmust be for those actually
incurred.
(fe) Expenses. When time or expenses involve two or more
parenting coordination processes on the same day or trip, the time
and expense charges shallmust be prorated appropriately.
(gf) Written Explanation of Fees, Costs, and Expenses. A
parenting coordinator shallmust give the parties and their counsel a
written explanation of any fees, and costs, and expenses prior to the
parenting coordination process. The explanation shallmust include
the:
(1) basis for and amount of any charges for services to be
rendered, including minimum fees and travel time;
(2) amount charged for the postponement, or
cancellation, or non-appearance to a scheduled of parenting
coordination sessions, and the circumstances under which such
charges will be assessed or waived;
(3) basis and amount of charges for any other items; and
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(4) parties’ pro -rata share of the parenting coordinator’s
fees, and costs if previously, and expenses as determined by the
court or agreed to by the parties.
(g) Changes in Fees, Costs, or Expenses. Once services have
begun, parenting coordinators must provide advance written notice
of any changes in fees, costs, or expenses. The parenting
coordinator must not alter a party’s pro-rata share of fees, costs, or
expenses without prior approval of the court.
(h) Maintenance of Records. A parenting coordinator
shallmust maintain records necessary to support charges for
services and expenses and, upon request, shallmust make an
accounting to the parties, their counsel, or the court.
(i) Remuneration for Referrals. No commissions, rebates, or
similar remuneration shallmay be given or received by a parenting
coordinator for a parenting coordination referral.
(j) Contingency Fees Prohibited. A parenting coordinator
shallmust not charge a contingent fee or base a fee on the outcome
of the process.
Rule 15.2851. Records
(a) Documentation of Parenting Coordination Process.
Parenting coordinators shall maintain all information and
documents related to the parenting coordination process.
(b) Record Retention. A Pparenting coordinators shallmust
maintain confidentiality and comply with applicable law when
storing and disposing of parenting coordination records. A
parenting coordinator must maintain, store, retain, and dispose of
the parenting coordinator’s records as required by the standards for
Case Related Records Not in the Custody of the Clerk and/or Not in
the Case File, as referenced in the State of Florida Judicial Branch
Records Retention Schedule for Administrative Records appended to
the Florida Rules of General Practice and Judicial Administration.
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(cb) Relocation or Closing the Parenting Coordination
PracticePolicy. A parenting coordinator shall provide public notice
of intent to relocate or close his or her practice. The notification
shall include instructions on how parties’ may obtain a copy of their
records or arrange for their records to be transferredmust inform
the parties of the parenting coordinator’s record retention policy at
the time the parenting coordination services are outlined to the
parties and participants.
Rule 15.29086. Safety, Capacity, and Protection
(a) Monitoring. A Pparenting coordinators shallmust monitor
the parties throughout the process for domestic violence, substance
abuse, or mental health issues, and must take appropriate action to
address any safety concerns, as required by the order of referral or
by applicable law.
(b) Injunctions for Protection. A Pparenting coordinators
shallmust honor the terms of all active injunctions for protection
and shallmust not seek to modify the terms of an injunction.
(c) Terminatingion Process Based on Safety Concernsof a
Parenting Coordination Session. A Pparenting coordinators shall
suspend the process and notify the court when the parenting
coordinator determines it is unsafe to continuemust terminate a
parenting coordination session when any party is incapable of
participating meaningfully in the session.
(d) Adjournment or TerminationSuspending Parenting
Coordination Process for Safety Reasons. A parenting
coordinator shall adjourn or terminate a parenting coordination
process if any party is incapable of participating meaningfully in the
processmust suspend the process and notify the court when the
parenting coordinator determines it is unsafe to continue. A
parenting coordinator must request a status conference with the
court to determine if a case is no longer appropriate for parenting
coordination or if the court should appoint another parenting
coordinator.
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Rule 15.291. Marketing Practices
(a) False or Misleading Marketing Practices. A parenting
coordinator may not engage in any marketing practice, including
advertising, which contains false or misleading information. A
parenting coordinator must ensure that any marketing of the
parenting coordinator’s qualifications, services to be rendered, or
the parenting coordination process is accurate and honest.
(b) Qualification. Any marketing practice in which a parenting
coordinator indicates that such parenting coordinator is “qualified”
is misleading unless the parenting coordinator indicates the Florida
judicial circuits in which the parenting coordinator has been
approved.
(c) Prior Adjudicative Experience. Any marketing practice is
misleading if the parenting coordinator states or implies that prior
adjudicative experience, including, but not limited to, service as a
judge, magistrate, or administrative hearing officer, makes one a
better or more qualified parenting coordinator.
(d) Prohibited Claims or Promises. A parenting coordinator
may not make claims of achieving specific outcomes or promises
implying favoritism for any purpose.
(e) Additional Prohibited Marketing Practices. A parenting
coordinator may not engage in any marketing practice that
diminishes the importance of a party’s right to self-determination or
the impartiality of the parenting coordinator, or that demeans the
dignity of the parenting coordination process or the judicial system.
Committee Note
The roles of a parenting coordinator and an adjudicator are
fundamentally distinct. The integrity of the judicial system may be
impugned when the prestige of the judicial office is used for
commercial purposes. When engaging in any parenting coordinator
marketing practice, a former adjudicative officer should not lend the
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prestige of the judicial office to advance private interests in a
manner inconsistent with this rule. For example, the depiction of a
parenting coordinator in judicial robes or use of the word “judge”
with or without modifiers to the parenting coordinator’s name
would be inappropriate. However, an accurate representation of the
parenting coordinator’s judicial experience would not be
inappropriate.
Rule 15.295. Education and Training
Parenting coordinators shall comply with any statutory, rule
or court requirements relative to qualifications, training, and
education.
Rule 15.296. Concurrent Standards
Other ethical standards to which a parenting coordinator may
be professionally bound are not abrogated by these rules. In the
course of performing parenting coordination services, however,
these rules prevail over any conflicting ethical standards to which a
parenting coordinator may otherwise be bound.
Rule 15.298. Responsibility to the Courts
(a) Candor with Referring Court. Parenting coordinators
shall be candid, accurate, and responsive to the court concerning
the parenting coordinators’ qualifications, availability and other
administrative matters.
(b) Providing Information to the Court. When parenting
coordinators provide information to the court, parenting
coordinators shall do so in a manner that is consistent with court
rules and statutes. Parenting coordinators shall notify the referring
court when the court orders conflict with the parenting
coordinator’s professional ethical responsibilities. Parenting
coordinators shall notify the court when it is appropriate to
terminate the process. A parenting coordinator shall be candid,
accurate, and fully responsive to the court concerning the parenting
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coordinator’s qualifications, availability, and other administrative
matters.
Rule 15.299. Relationship with Other Professionals
A parenting coordinator must respect the role of other
professional disciplines in the parenting coordination process and
must promote cooperation between parenting coordinators and
other professionals.
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