During a contested divorce or paternity action involving minor children, and often long after the case is formally resolved, some parents face ongoing disputes over "day to day" matters such as whether Fitch Law Partners LLP should participate in two extracurricular activities or three. The failure, inability, or outright refusal of one or both parents to communicate and reach an agreement with respect to these matters can lead to repeated court appearances and thousands of dollars in legal fees. In order to provide parties a forum for efficiently resolving such disputes, as well as assistance with learning to better communicate and co-parent, many parties will agree or be ordered to engage a professional parent coordinator ("PC").
Often we hear about the best interests legal standard that Judges in the Probate and Family Courts apply to make important decisions affecting the lives of minor children. Custody determinations and appropriate parenting plans are based on this guiding principle. Contrary to common belief, the "best interests" standard is gender-blind. M.G.L. Chapter 208, Section 31 provides that in determining the question of custody "the rights of the parents shall . . . be held to be equal." In deciding issues involving custody, the overriding concern of the Probate and Family Court Justice assigned to the case must be the promotion of the best interests of the children and their general welfare, not the gender, feelings or wishes of a particular parent.
I recently attended the 49th Annual Conference of the Association of Family and Conciliation Courts in Chicago. The conference was entitled Attachment, Brain Science and Children of Divorce: The ABCDs of Child Development for Family Law. In addition to seminars focused on the role of Parenting Coordinators in resolving disputes between parents in high-conflict custody cases, there were presentations on attachment theory, and how developments in social science help us formulate appropriate parenting plans, especially in cases involving infants and toddlers.