First Regular Session
Sixty-second General Assembly
LLS NO. 99-0672.01 Jennifer Gilroy HOUSE BILL 99-1298
STATE OF COLORADO
BY REPRESENTATIVES Gordon, Alexander.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING PARENTING COORDINATORS IN DOMESTIC RELATIONS CASES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates the position of parenting coordinator to assist parties to a
domestic relations action resolve their disputes regarding their minor or
dependent children. Allows the court, upon its own motion, upon motion
of one or more of the parties, or upon agreement of the parties, to appoint
a parenting coordinator. Sets forth the issues that the parenting
coordinator may decide and those that the parenting coordinator may not
decide. Allows the parties to limit the decision-making authority of the
parenting coordinator by agreement.
Establishes the qualifications necessary to serve as a parenting
coordinator. Provides that the parenting coordinator's fees shall be
allocated between the parties in proportion to their gross incomes unless
the parenting coordinator determines otherwise upon good cause shown
in his or her report.
Sets forth the circumstances under which a parenting coordinator
may be appointed. Establishes the reporting method to be used by the
parenting coordinator and the subsequent action to be taken by the court.
Provides that the court shall approve the parenting coordinator's decisions
and recommendations set forth in the report unless the parenting
coordinator abused his or her discretion or acted outside his or her
authority or unless one of the parties or the child's representative objects
in a timely manner. In such circumstances, provides that the court shall
review the parenting coordinator's recommendations and approve them
or entertain a hearing concerning such issues.
Allows the court to limit the decision-making authority of the
parenting coordinator and to set parameters and guidelines for the
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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parenting coordinator.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Article 10 of title 14, Colorado Revised Statutes,
3 is amended BY THE ADDITION OF A NEW SECTION to read:
4 14-10-128.7. Appointment of parenting coordinator.
5 (1) (a) (I) THE COURT MAY, UPON THE MOTION OF EITHER PARTY, UPON ITS
6 OWN MOTION, OR BY AGREEMENT OF THE PARTIES, APPOINT A PERSON TO
7 SERVE AS A PARENTING COORDINATOR IN ANY CASE FILED PURSUANT TO
8 THE "UNIFORM DISSOLUTION OF MARRIAGE ACT", ARTICLE 10 OF THIS
9 TITLE, THE "UNIFORM CHILD CUSTODY JURISDICTION ACT", ARTICLE 13
10 OF THIS TITLE, OR THE "UNIFORM PARENTAGE ACT", ARTICLE 4 OF TITLE
11 19, C.R.S. THE PARENTING COORDINATOR SHALL CARRY OUT HIS OR HER
12 DUTIES WITH DILIGENCE AND COMPETENCE AND IN A TIMELY MANNER.
13 (II) THE COURT SHALL NOT APPOINT A PARENTING COORDINATOR
14 IF EITHER PARTY OR THE CHILD'S REPRESENTATIVE APPOINTED PURSUANT
15 TO SECTION 14-10-116 (2) (a) OBJECTS, UNLESS THE COURT FINDS THAT
16 THE PARENTING ISSUES IN THE CASE ARE COMPLICATED, THAT THE PARTIES
17 DEMONSTRATE A PATTERN OF CONTINUING HIGH CONFLICT, OR THAT SUCH
18 OTHER CONDITIONS EXIST THAT WARRANT THE APPOINTMENT OF A
19 PARENTING COORDINATOR. A PARTY WISHING TO OBJECT TO SUCH AN
20 APPOINTMENT SHALL FILE A WRITTEN OBJECTION PRIOR TO THE
21 APPOINTMENT OF THE PARENTING COORDINATOR.
22 (b) THE PARENTING COORDINATOR SHALL HAVE AUTHORITY TO
23 DECIDE ALL DISPUTED ISSUES RELATING TO THE PARTIES' MINOR OR
24 DEPENDENT CHILDREN; EXCEPT THAT THE PARENTING COORDINATOR
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1 SHALL NOT HAVE AUTHORITY TO DECIDE THE FOLLOWING ISSUES:
2 (I) THE MODIFICATION OF AN EXISTING COURT ORDER OF SOLE OR
3 JOINT CUSTODY ENTERED PRIOR TO FEBRUARY 1, 1999;
4 (II) CHANGES IN PRIMARY RESIDENTIAL CARE OF THE MINOR OR
5 DEPENDENT CHILDREN;
6 (III) THE PERMANENT REMOVAL OF ANY MINOR OR DEPENDENT
7 CHILD FROM THE STATE FOR RESIDENCY PURPOSES;
8 (IV) THE RELIGION TO BE OBSERVED BY THE MINOR OR DEPENDENT
9 CHILDREN; OR
10 (V) MODIFICATION OF CHILD SUPPORT IF SUCH MODIFICATION IS
11 NOT RELATED TO A CHANGE IN PARENTING TIME.
12 (c) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPHS (I) TO (V) OF
13 PARAGRAPH (b) OF THIS SUBSECTION (1), THE PARENTING COORDINATOR
14 MAY DECIDE ALL DISPUTED ISSUES RELATING TO THE PARTIES' MINOR OR
15 DEPENDENT CHILDREN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
16 (I) PARENTING TIME SCHEDULES, SO LONG AS SUCH DECISIONS DO
17 NOT CHANGE THE PRIMARY RESIDENTIAL CARE OF THE MINOR OR
18 DEPENDENT CHILD;
19 (II) THE NECESSITY OR LACK THEREOF FOR SUPERVISED PARENTING
20 TIME;
21 (III) THE NEED FOR MENTAL HEALTH COUNSELING FOR THE MINOR
22 OR DEPENDENT CHILD AND THE SELECTION OF A MENTAL HEALTH
23 COUNSELOR, IF NECESSARY;
24 (IV) THE NEED FOR FAMILY COUNSELING AND THE SELECTION OF
25 A FAMILY COUNSELOR, IF NECESSARY;
26 (V) THE NEED FOR EVALUATION AND TREATMENT FOR MEDICAL OR
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1 DENTAL CONDITIONS AND THE SELECTION OF A DOCTOR OR DENTIST, IF
2 NECESSARY;
3 (VI) THE CHOICE OF EDUCATIONAL FACILITIES AND OTHER
4 EDUCATION DECISIONS;
5 (VII) PARTICIPATION BY THE MINOR OR DEPENDENT CHILDREN IN
6 EXTRACURRICULAR ACTIVITIES AND PAYMENT BY THE PARTIES FOR THE
7 COSTS OF SUCH ACTIVITIES;
8 (VIII) TRANSPORTATION ARRANGEMENTS TO AND FROM
9 PARENTING TIME AND OTHER ACTIVITIES AND APPOINTMENTS;
10 (IX) ALLOCATION BETWEEN THE PARTIES OF THE COSTS
11 ASSOCIATED WITH HEALTH CARE AND DENTAL CARE, MENTAL HEALTH
12 COUNSELING, AND OTHER PROFESSIONAL SERVICES ASSOCIATED WITH THE
13 CARE OF THE MINOR OR DEPENDENT CHILDREN;
14 (X) MODIFICATION OF CHILD SUPPORT ORDERS NECESSITATED BY
15 CHANGES IN THE PARENTING TIME SCHEDULE; AND
16 (XI) CLARIFICATION OF EXISTING COURT ORDERS CONCERNING THE
17 MINOR OR DEPENDENT CHILDREN.
18 (d) (I) THE COURT MAY, IN ITS OWN DISCRETION, LIMIT THE
19 DECISION-MAKING AUTHORITY OF THE PARENTING COORDINATOR TO
20 SPECIFIC ISSUES OR AREAS. THE COURT MAY ALSO SET SUCH OTHER
21 PARAMETERS FOR THE PARENTING COORDINATOR'S DUTIES AND
22 RESPONSIBILITIES AS THE COURT DEEMS APPROPRIATE INCLUDING, BUT NOT
23 LIMITED TO, GUIDELINES CONCERNING WHEN THE PARENTING
24 COORDINATOR IS TO REPORT TO THE COURT.
25 (II) THE PARTIES, BY AGREEMENT, MAY LIMIT THE
26 DECISION-MAKING AUTHORITY OF THE PARENTING COORDINATOR TO
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1 SPECIFIC ISSUES OR AREAS IF THE PARENTING COORDINATOR IS BEING
2 APPOINTED PURSUANT TO AGREEMENT OF THE PARTIES.
3 (e) (I) THE COURT SHALL RESERVE THE RIGHT TO REMOVE THE
4 PARENTING COORDINATOR IN ITS OWN DISCRETION.
5 (II) THE COURT SHALL REMOVE THE PARENTING COORDINATOR
6 UPON THE REQUEST AND AGREEMENT OF BOTH PARTIES. UPON THE MOTION
7 OF EITHER PARTY AND GOOD CAUSE SHOWN, THE COURT SHALL REMOVE
8 THE PARENTING COORDINATOR.
9 (2) (a) THE PARENTING COORDINATOR MAY, BUT NEED NOT, BE AN
10 ATTORNEY. ANY INDIVIDUAL APPOINTED AS A PARENTING COORDINATOR
11 BY THE COURT SHALL HAVE TRAINING OR EXPERIENCE IN AREAS SUCH AS
12 CHILD DEVELOPMENT AND PSYCHOLOGY, CHILD CUSTODY ISSUES,
13 PARENTING TIME SCHEDULES, MEDIATION, DOMESTIC RELATIONS LAW, AND
14 PARENTING TECHNIQUES.
15 (b) THE COURT SHALL HAVE THE DISCRETION TO SPECIFY THE TERM
16 OF APPOINTMENT FOR A PARENTING COORDINATOR. UNLESS OTHERWISE
17 SPECIFIED BY THE COURT OR OTHERWISE REVIEWED AND EXTENDED BY THE
18 COURT, THE PARENTING COORDINATOR'S TERM SHALL TERMINATE TWO
19 YEARS AFTER THE DATE OF HIS OR HER APPOINTMENT.
20 (3) (a) THE PARENTING COORDINATOR'S FEES SHALL BE ALLOCATED
21 BETWEEN THE PARTIES IN ACCORDANCE WITH THE RELATIVE PERCENTAGES
22 OF THE PARTIES' GROSS INCOMES AS DETERMINED PURSUANT TO SECTION
23 14-10-115; EXCEPT THAT THE PARENTING COORDINATOR SHALL HAVE THE
24 AUTHORITY TO DETERMINE THE RATE, FREQUENCY, AND ALLOCATION OF
25 THE FEES BETWEEN THE PARTIES DIFFERENTLY UPON GOOD CAUSE SET
26 FORTH IN THE PARENTING COORDINATOR'S REPORT.
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1 (b) NO PARENTING COORDINATOR SHALL BE APPOINTED UNLESS
2 THE COURT FINDS THAT THE PARTIES HAVE THE MEANS TO PAY THE FEES OF
3 THE PARENTING COORDINATOR AND THE STATE SHALL ASSUME NO
4 FINANCIAL RESPONSIBILITY FOR PAYMENT OF FEES TO THE PARENTING
5 COORDINATOR; EXCEPT THAT, IN CASES OF HARDSHIP, THE COURT, IF
6 FEASIBLE, MAY APPOINT A PARENTING COORDINATOR TO SERVE ON A
7 VOLUNTEER BASIS.
8 (4) PRIOR TO MAKING ANY DECISIONS REGARDING THE DISPUTES
9 BETWEEN THE PARTIES, THE PARENTING COORDINATOR SHALL ATTEMPT TO
10 ASSIST THE PARTIES TO REACH AN AGREEMENT THEMSELVES. IF THE
11 PARTIES ARE UNABLE TO REACH AN AGREEMENT, THE PARENTING
12 COORDINATOR SHALL PROCEED TO ACT AS AN ARBITRATOR IN
13 ACCORDANCE WITH THIS SECTION.
14 (5) MEETINGS BETWEEN THE PARENTING COORDINATOR AND THE
15 PARTIES NEED NOT FOLLOW ANY SPECIFIC PROCEDURES AND THE MEETINGS
16 MAY BE INFORMAL.
17 (6) (a) (I) THE PARENTING COORDINATOR SHALL SUBMIT A
18 WRITTEN REPORT TO THE COURT CONTAINING HIS OR HER FINDINGS AND
19 RECOMMENDATIONS OR DECISIONS CONCERNING THE ISSUES WITH WHICH
20 THE PARENTING COORDINATOR WAS CHARGED. THE COURT SHALL REVIEW
21 THE REPORT AND APPROVE IT, UNLESS:
22 (A) THE COURT FINDS THAT THE PARENTING COORDINATOR
23 ABUSED HIS OR HER DISCRETION OR EXCEEDED HIS OR HER AUTHORITY; OR
24 (B) AN OBJECTION IS FILED BY ONE OF THE PARTIES OR THE CHILD'S
25 REPRESENTATIVE APPOINTED PURSUANT TO SECTION 14-10-116 (2) (a)
26 WITHIN FIFTEEN DAYS AFTER THE RECEIPT OF THE REPORT.
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1 (II) IF AN OBJECTION IS FILED PURSUANT TO SUB-SUBPARAGRAPH
2 (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), THE COURT SHALL
3 CONSIDER THE OBJECTION AND APPROVE THE REPORT OR CONDUCT A
4 HEARING REGARDING THE RECOMMENDATIONS ADDRESSED IN THE REPORT.
5 (b) SUBMISSION OF THE REPORT REQUIRED BY PARAGRAPH (a) OF
6 THIS SUBSECTION (6) BY A PARENTING COORDINATOR WHO IS NOT AN
7 ATTORNEY SHALL NOT CONSTITUTE THE PRACTICE OF LAW WITHOUT A
8 LICENSE.
9 (7) (a) THE PARENTING COORDINATOR MAY BE CALLED BEFORE
10 THE COURT AS A WITNESS.
11 (b) ANY STATEMENTS MADE BY THE PARTIES, THEIR MINOR OR
12 DEPENDENT CHILDREN, ANY WITNESSES, OR ANY PROFESSIONALS
13 INVOLVED WITH THE CARE OF THE MINOR OR DEPENDENT CHILDREN TO THE
14 PARENTING COORDINATOR SHALL NOT BE CONFIDENTIAL.
15 SECTION 2. Effective date. This act shall take effect at 12:01
16 a.m. on the day following the expiration of the ninety-day period after
17 final adjournment of the general assembly that is allowed for submitting
18 a referendum petition pursuant to article V, section 1 (3) of the state
19 constitution; except that, if a referendum petition is filed against this act
20 or an item, section, or part of this act within such period, then the act,
21 item, section, or part, if approved by the people, shall take effect on the
22 date of the official declaration of the vote thereon by proclamation of the
23 governor.