Bill Summary – FastDemocracy

H.B. 470
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Mar 26, 2019
                                      SESSION 2019                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                    HOUSE BILL DRH10247-LU-76
     Short Title:   Amend Parenting Coordinator Laws/Family Law.                               (Public)
     Sponsors:      Representative Stevens.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO AMEND THE LAWS PERTAINING TO PARENTING COORDINATORS.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 5 of Chapter 50 of the General Statutes reads as rewritten:
                                              "Article 5.
                                       "Parenting Coordinator.
 "§ 50-90. Definitions.
     As used in this Article, the following terms mean:
             …
             (4)     Party. – Any person granted legal or physical custodial rights to a child in a
                     child custody action.
 "§ 50-91. Appointment of parenting coordinator.
     (a)     The court may appoint or reappoint a parenting coordinator at any time during the
 proceedings of in a child custody action involving minor children brought under Article 1 of this
 Chapter if all parties consent to the appointment. The parties may agree to limit the parenting
 coordinator's decision-making authority to specific issues or areas.on or after the entry of a
 custody order, other than an ex parte order, or upon entry of a contempt order involving a custody
 issue pursuant to any of the following:
             (1)     All parties consent to the appointment and the scope of the parenting
                     coordinator's authority.
             (2)     Upon motion of a party requesting the appointment of a parenting coordinator.
             (3)     Upon the court's own motion.
     (b)     The court may appoint a parenting coordinator without the consent of the parties upon
 entry of a custody order other than an ex parte order, or upon entry of a parenting plan only if If
 the parties have not consented to the appointment of a parenting coordinator, the court also makes
 shall make specific findings that the action is a high-conflict case, that the appointment of the
 parenting coordinator is in the best interests of any minor child in the case, and that the parties
 are able to pay for the cost of the parenting coordinator. The court does not have to find a
 substantial change of circumstance has occurred to appoint a parenting coordinator.
     (c)     The order appointing a parenting coordinator shall specify the terms of the
 appointment and the issues the parenting coordinator is directed to assist the parties in resolving
 and deciding. The order may also incorporate any agreement regarding the role of the parenting
 coordinator made by the parties under subsection (a) of this section. The court shall give a copy
 of the appointment order to the parties prior to the appointment conference. Notwithstanding the
 appointment of a parenting coordinator, the court shall retain exclusive jurisdiction to determine
                                    *DRH10247-LU-76*
     General Assembly Of North Carolina                                                   Session 2019
 fundamental issues of custody, visitation, and support, and the authority to exercise management
 and control of the case.
     (d)     The court shall select a parenting coordinator shall be selected from a list maintained
 by the district court. Prior to the appointment conference, the court must complete and give to
 the parenting coordinator a referral form listing contact information for the parties and their
 attorneys, the court's findings in support of the appointment, and any agreement by the
 parties.appointment, the court, the parties' attorneys, or the parties shall contact the parenting
 coordinator to determine if the parenting coordinator is willing and able to accept the
 appointment.
 "§ 50-92. Authority of parenting coordinator.
     (a)     The authority of a parenting coordinator shall be specified in the court order
 appointing the parenting coordinator and shall be limited to matters that will aid the
 parties:parties in complying with the court's custody order, resolving disputes regarding issues
 that were not specifically addressed in the custody order, or ambiguous or conflicting terms in
 the custody order. The parenting coordinator's scope of authority may include, but is not limited
 to, any of the following areas:
             (1)     Identify disputed issues.Transition time, pick up, or delivery.
             (2)     Reduce misunderstandings.Sharing of vacations and holidays.
             (3)     Clarify priorities.Method of pickup and delivery.
             (4)     Explore possibilities for compromise.Transportation to and from visitation.
             (5)     Develop methods of collaboration in parenting.Participation in child or day
                     care and babysitting.
             (6)     Comply with the court's order of custody, visitation, or guardianship.Bed time.
             (7)     Diet.
             (8)     Clothing.
             (9)     Recreation.
             (10) Before- and after-school activities.
             (11) Extracurricular activities.
             (12) Discipline.
             (13) Health care management.
             (14) Alterations in schedule that do not substantially interfere with the basic
                     time-share agreement.
             (15) Participation in visitation, including significant others or relatives.
             (16) Telephone contact.
             (17) Alterations to appearance, including tattoos or piercings.
             (18) The child's passport.
             (19) Education.
             (20) Other areas of specific authority as designated by the court or the parties.
     (b)     Notwithstanding subsection (a) of this section, the court may authorize a parenting
 coordinator to decide issues regarding the implementation of the parenting plan that are not
 specifically governed by the court order and which the parties are unable to resolve. The parties
 must comply with the parenting coordinator's decision until the court reviews the decision. The
 parenting coordinator, any party, or the attorney for any party may request an expedited hearing
 to review a parenting coordinator's decision. Only the judge presiding over the case may
 subpoena the parenting coordinator to appear and testify at the hearing.The parenting coordinator
 shall decide any issue within the scope of the parenting coordinator's authority and the decision
 shall be enforceable as an order of the court. The decision shall be in writing and provided to the
 parties and their attorneys. So long as the custody order under which the decision is made is in
 effect, the decision shall remain binding after the expiration of the parenting coordinator's term
 unless the parenting coordinator or a subsequent parenting coordinator modifies the decision or
 the court reviews and modifies the decision.
     Page 2                                                                         DRH10247-LU-76
     General Assembly Of North Carolina                                                     Session 2019
     (b1) Any party or attorney for the party may file a motion for the court to review a
 parenting coordinator's decision. The parties shall comply with the parenting coordinator's
 decision unless the court, after a review hearing, determines that (i) the parenting coordinator's
 decision is not in the child's best interests or (ii) the decision exceeded the scope of the parenting
 coordinator's authority. The moving party or the attorney for the moving party shall cause a
 subpoena to be issued for the parenting coordinator's attendance at the review hearing. At the
 conclusion of the review hearing, the court shall determine how the parenting coordinator's fees,
 as related to the review hearing, shall be apportioned between the parties. The court may review
 and modify a parenting coordinator's decision after the expiration of a parenting coordinator's
 term.
     (c)     The parenting coordinator shall not provide any professional services or counseling
 to either parent any party or any of the minor children.
     (d)     The parenting coordinator shall refer financial issues related to the parenting
 coordinator's decisions to the parties' parties or their attorneys.
 "§ 50-93. Qualifications.
     (a)     To be eligible to be included on the district court's list of parenting coordinators, a
 person must meet all of the following requirements:
             (1)     Hold a masters or doctorate degree in psychology, law, social work,
                     counseling, medicine, or a related subject area.or counseling.
             (2)     Have at least five years of related professional post-degree experience.
             (3)     Hold a current North Carolina license in the parenting coordinator's area of
                     practice, if applicable.practice.
             (4)     Participate in 24 hours of training in topics related to the developmental stages
                     of children, the dynamics of high-conflict families, the stages and effects of
                     divorce, problem solving techniques, mediation, and legal issues.
     …
 "§ 50-94. Appointment conference.
     (a)     The parties, their attorneys, and the proposed parenting coordinator must all attend
 the appointment conference. However, no appointment conference is required if (i) the parenting
 coordinator's term is later extended, (ii) a subsequent parenting coordinator is appointed in the
 same matter, or (iii) the parties, their attorneys, and the proposed parenting coordinator consent
 to a waiver of the appointment conference by signing the proposed appointment order. The court
 shall not enter an order appointing a parenting coordinator or conduct an appointment conference
 unless a custody order has already been entered or is being simultaneously entered.
     (b)     At the time of the appointment conference, the court shall do all of the following:
             (1)     Explain to the parties the parenting coordinator's role, authority, and
                     responsibilities as specified in the appointment order and any agreement
                     entered into by the parties.
             (2)     Determine the information each party must provide to the parenting
                     coordinator.
             (3)     Determine financial arrangements for the parenting coordinator's fee to be
                     paid by each party and authorize the parenting coordinator to charge any party
                     separately for individual contacts made necessary by that party's behavior.
             (4)     Inform the parties, their attorneys, and the parenting coordinator of the rules
                     regarding communications among them and with the court.
             (5)     Enter the appointment order.order if the order has not yet been entered.
     (c)     The parenting coordinator and any guardians ad litem shall bring to the appointment
 conference all necessary releases, contracts, and consents. The parenting coordinator must also
 schedule the first sessions with the parties.
 "§ 50-95. Fees.
     DRH10247-LU-76                                                                                Page 3
     General Assembly Of North Carolina                                                      Session 2019
     (a)      The parenting coordinator shall be entitled to reasonable compensation from the
 parties for services rendered and to a reasonable retainer. The parenting coordinator may request
 a hearing in the event of a fee dispute.If a dispute arises regarding the payment of fees or the
 retainer, the parenting coordinator may file a fee report and request a hearing. If a party disputes
 the parenting coordinator's fees or the allocation of those fees, the party may file a motion with
 the court requesting that the court review the fees. The district court retains jurisdiction to resolve
 disputes regarding the parenting coordinator's fees after the conclusion of the parenting
 coordinator's term so long as the parenting coordinator's fee report was filed in a timely manner.
     (b)      The court may make the appointment of a parenting coordinator contingent upon the
 parties' payment of a specific fee to the parenting coordinator. The parenting coordinator shall
 not begin any duties until the fee has been paid.
 "§ 50-96. Meetings and communications.
     Meetings and communications between the parenting coordinator and the parties parties, the
 attorneys for the parties, or any other person with information that assists the parenting
 coordinator in the coordinator's duties may be informal and ex parte. Communications between
 the parties and the parenting coordinator are not confidential. The parenting coordinator and the
 court shall not engage in any ex parte communications. Upon request of the parenting
 coordinator, the parties shall timely execute any releases necessary to facilitate communication
 with any person having information that assists the parenting coordinator in the coordinator's
 duties. The parenting coordinator, in the coordinator's discretion, may meet or communicate with
 the minor children.
 "§ 50-97. Reports.
     (a)      The parenting coordinator shall promptly provide written notification to the court, the
 parties, and attorneys for the parties if the parenting coordinator makes any of the following
 determinations:The parenting coordinator may file a report with the court regarding any of the
 following:
              (1)      The parenting coordinator's belief that the existing custody order is not in the
                       best interests of the child.
              (2)      The parenting coordinator coordinator's determination that the parenting
                       coordinator is not qualified to address or resolve certain issues in the case.
              (3)      A party's noncompliance with a decision of the parenting coordinator or the
                       terms of the custody order.
              (4)      The parenting coordinator's fees as set forth in G.S. 50-95.
              (5)      The parenting coordinator's request that the parenting coordinator's
                       appointment be modified or terminated.
     (b)      The court shall schedule a hearing and review the matter no later than two weeks
 following receipt of the report. The parenting coordinator shall remain involved in the case until
 the hearing.Upon the filing of a verified report by the parenting coordinator alleging that a party
 is not complying with a decision of the parenting coordinator, not complying with the terms of
 the custody order, or not paying the parenting coordinator's fees, the court may issue an order
 directing a party to appear at a specified reasonable time and show cause why the party shall not
 be held in contempt. Nothing in this section prevents a party from filing the party's own motion
 regarding noncompliance with a parenting coordinator's decision or noncompliance with the
 terms of the custody order.
     (c)      If the parties agree to any fundamental change in the child custody order, the parenting
 coordinator shall send the agreement to the parties' attorneys for preparation of a consent
 order.An expedited hearing shall be granted and shall occur within four weeks of the filing of the
 report unless the parenting coordinator requests a longer length of time or the court has already
 issued an order directing a party to show cause why the party shall not be held in contempt.
     (d)      The court, after a hearing on the parenting coordinator's report, shall be authorized to
 issue temporary custody orders as may be required for a child's best interests.
     Page 4                                                                            DRH10247-LU-76
     General Assembly Of North Carolina                                                    Session 2019
 "§ 50-98. Parenting coordinator records.
     (a)     The parenting coordinator shall provide the following to the attorneys for the parties
 and to the parties:In the parenting coordinator's discretion, the parenting coordinator may release
 any records held by the parenting coordinator to the parties or the attorneys for the parties.
             (1)     A written summary of the developments in the case following each meeting
                     with the parties.
             (2)     Copies of any other written communications.
     (b)     The parenting coordinator shall maintain records of each meeting. These records may
 only be subpoenaed by order of the judge presiding over the case. The court must review the
 records in camera and may release the records to the parties and their attorneys only if the court
 determines release of the information contained in the records will assist the parties with the
 presentation of their case at trial.Any party may apply to the judge presiding for the issuance of
 a subpoena to compel production of the parenting coordinator's records. Any party who submits
 an application for a subpoena shall provide reasonable notice to the parenting coordinator and
 the parties so that any objection to the release of information or the manner of the release of
 information may be co