Rule 74. Parenting Coordinator
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 74
Rule 74. Parenting Coordinator
(1) Appointment's Timing and Conditions. The court may appoint a third party as a parenting coordinator in proceedings under A.R.S. Title 25 only after the court has entered a legal decision-making or parenting time order, and only if each parent has agreed to the appointment in writing or orally on the record in open court.
(3) Option to Use Conciliation Services. Rather than having a privately paid parent coordinating, parents may request, or a court may appoint, if available, parenting coordination assistance through conciliation services. Parents obtaining parenting coordinator services through conciliation services must agree to subparts (b)(2)(A) through (C).
(3) Disqualification from Later Participation in Another Role. A person appointed as a parenting coordinator may not serve in any other function or role in the case, except that each parent and the parenting coordinator may agree that a person who is serving or has already served in a legal, treatment, evaluative, or therapeutic role in the case may be appointed as the parenting coordinator.
(3) Reappointment. The parenting coordinator cannot be reappointed at the end of the term unless each parent and the parenting coordinator agree to the reappointment in writing or orally on the record in open court. By agreeing to the reappointment, the parents are reaffirming and accepting the agreements and understandings in subparts (b)(2)(A) through (G). The reappointment term cannot exceed one year unless both parents and the parenting coordinator agree to a longer term.
(5) Discharge. Both parents can agree to discharge the parenting coordinator. If only one parent wishes to discharge the parenting coordinator, that parent must file a motion with the court establishing good cause for the request. Disagreement with one or more of the parenting coordinator's decisions does not constitute good cause.
(6) Replacement of the Parenting Coordinator. Both parents can agree in writing or orally on the record in open court to replace the existing parenting coordinator. The agreement to replace the parenting coordinator must also confirm the parents' agreements and understandings in subparts (b)(2)(A) through (G).
(2) Counsel's Participation. An attorney for either parent cannot attend parenting coordinator meetings with their clients unless both parents and the parenting coordinator agree, or unless allowed by a court order. However, a parenting coordinator can meet separately with each parent's attorney to obtain information relevant to the issue before the parenting coordinator.
(C) making decisions regarding parenting challenges not specified in the parenting plan that the parents are unable to resolve, such as disagreements about pick-up and drop-off locations, dates and times of pick-up and drop-off, holiday scheduling, discipline, health issues, personal care issues, school and extracurricular activities, choice of schools, and managing problematic behaviors;
(3) Facilitating Agreements. A parenting coordinator must attempt in a timely manner to facilitate agreement on disputed issues between the parents. If the parents are unable to reach agreement, the parenting coordinator will timely decide any disputed issues within the scope of the parenting coordinator's authority.
(g) Emergency Authority and Procedure. If by personal observation the parenting coordinator determines that a parent's functioning is impaired, and the parent is incapable of fulfilling either the court-ordered legal decision-making or parenting functions, or the parent's conduct will expose the child to an imminent risk of irreparable harm, a parenting coordinator may file a motion for temporary orders without notice under Rule 48. The court must consider the motion even if a Rule 91 modification petition is not pending.
(2) Objection. If a parent believes that the parenting coordinator's decision exceeds the scope of the parenting coordinator's authority, the parent may object to the parenting coordinator's decision by filing an objection. The objection must be filed not later than 20 days after the parenting coordinator's report is filed. The objection must explain in detail the reasons why the parent believes the parenting coordinator exceeded the coordinator's authority, and whether the parent is requesting a hearing on the objection.
(2) Adjustment to Allocation of Fees. Both parents may agree to a change in the allocation of fees by amending their written agreement with the parenting coordinator. Without the parents' agreement, a parenting coordinator may not reallocate fees based on a change in a parent's financial circumstances.
(A) Recommendation. If reason exists to believe that one parent is using parenting coordinator services excessively or to harass the other parent, a parenting coordinator or a parent may recommend, as a sanction, an adjustment to the allocation of the parenting coordinator's fees. Any recommendation must be filed with the court and must explain the reasons for the recommended fee reallocation.
(m) Complaints about Unethical or Unprofessional Conduct by Parenting Coordinators. Complaints about alleged unethical or unprofessional conduct by the parenting coordinator should be submitted to the parenting coordinator's applicable licensing or regulatory board. If the parenting coordinator is not subject to a licensing or regulatory board, the complaint should be brought to the court's attention.
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 74, AZ ST RFLP Rule 74
Current with amendments received through 08/15/2020.
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