Posted by Nydia Streets of Streets Law in Florida Child Custody
A parenting coordinator can be appointed in a Florida family law case to assist parents with conflict resolution. The Florida Statutes provide: “The purpose of parenting coordination is to provide a child-focused alternative dispute resolution process whereby a parenting coordinator assists the parents in creating or implementing a parenting plan by facilitating the resolution of disputes between the parents by providing education, making recommendations, and, with the prior approval of the parents and the court, making limited decisions within the scope of the court’s order of referral.” See Fla. Stat. Chp. 61.125. This was an issue in the case Thorton v. WIldes, 4D22-0657 (Fla. 4th DCA March 22, 2023).
After the parties divorced, the mother filed a motion for contempt alleging several violations of the parenting plan by the father. In response, the father requested appointment of a parenting coordinator which was granted. The parties worked with a parenting coordinator and reached several agreements concerning their disputes until the parenting coordinator notified the court she was no longer willing to work with the parties. The mother then filed another motion for contempt making the same allegations against the father while adding additional allegations. A hearing was held, and the mother’s motion was granted with the court finding the father in contempt of the parenting plan on issues including communication and time-sharing. The father appealed, arguing it was error to hold him in contempt on issues resolved in parenting coordination sessions.
The appellate court agreed with the father and reversed the contempt findings on issues resolved in parenting coordination. It held “Here, the Mother and the Father resolved several of their issues with the parenting coordinator, making modifications to their communication agreements. Thus, having satisfied the purpose of civil contempt, the Mother could not renege on their agreements and request the court to hold the Father in contempt for prior conduct already addressed. The court erred in finding contempt and ordering a ‘purge’ provision contradicting the agreements the parties reached at parenting coordination.” The contempt findings were upheld as to the other allegations not resolved in parenting coordination.
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