Announcement

Collapse
No announcement yet.

Suspension of parenting coordinator

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Suspension of parenting coordinator

    Please help me with next steps.

    We have been ordered to deal with all parenting issues through a court order for a parenting coordinator. One was identified and pc contract was signed by both parties. The is was done at Settlement conference to settle parenting issues. The only thing to be dealt at trial at this point by order of the court is financial matters.

    My ex, however stopped paying for the service, and the PC suspended the services.

    I am now stuck dealing with no mechanism for parenting issues. Due to PC contract terms stipulating not to litigate parenting issues while under contract means I have nowhere to go.

    My ex sees this an opportunity to escalate any and all issues, even going to the extent to taunt me to bring motions and/or involve my lawyer. What he would ultimately like to do is bring parenting and custody back to trial, which is not going to happen.

    He is self-represented, and willing to exploit the fact that I have a lawyer for any and all issues; hence the court ordered parenting coordinator.

    Any ideas?

  • #2
    yep, Simple pay the coordinator get the service back.

    If he is to pay for the full amount then this can be added to the financial issues.

    Comment


    • #3
      He is already behind in child support, hasn't paid the court awarded cost for a previous motion, owes the award for an arbitration by the parenting coordinator. This is one more thing he will never pay.

      Comment


      • #4
        Can it be filed with an enforcement agency?

        Comment


        • #5
          Originally posted by WorkingMom2007 View Post
          My ex, however stopped paying for the service, and the PC suspended the services.
          Does the PC have arbitration powers? If no then, it isn't worth paying for one anyways. Its just free money for the PC and they have no mechanism or reason to assist in settling anything. It is all free money to them if you don't agree and keep paying to not agree. If they have to make an order on the issue, there is some clear end in sight for both parents.

          If the other parent agreed to (in writing) or it was ordered you can bring the matter back to court to resolve. You can ask for a remedy that the other party comply with the agreement and get an order to make them pay their portion. Careful, as in some cases if the PC doesn't have arbitration powers a judge will just tell you it is a waste and tell you to resolve the matter through court.

          As suggested you can resolve the issue on motion in the context of your existing application.

          Good Luck!
          Tayken

          Comment


          • #6
            Originally posted by Tayken View Post
            Does the PC have arbitration powers? If no then, it isn't worth paying for one anyways. Its just free money for the PC and they have no mechanism or reason to assist in settling anything. It is all free money to them if you don't agree and keep paying to not agree. If they have to make an order on the issue, there is some clear end in sight for both parents.

            If the other parent agreed to (in writing) or it was ordered you can bring the matter back to court to resolve. You can ask for a remedy that the other party comply with the agreement and get an order to make them pay their portion. Careful, as in some cases if the PC doesn't have arbitration powers a judge will just tell you it is a waste and tell you to resolve the matter through court.

            As suggested you can resolve the issue on motion in the context of your existing application.

            Good Luck!
            Tayken

            Yes the PC does have arbitration powers as it was evident that my ex simply wants to bring non-issues to court as I have a lawyer and that would cost me money.

            He did agree in writing at Settlement conference, and a Minutes of Settlement was produced, with the judge insisting he have legal representation for this part. The minutes were turned into an order, and we obtained the parenting coordinator as identified in the Minutes/Order. He even spoke to the PC before signing the Minutes.

            The judge also insisted that we have a parenting coordinator, and to leave that part in the settlement.

            Would the courts not frown that I am bringing a motion for this issue though?

            Comment


            • #7
              Originally posted by Tayken View Post
              Does the PC have arbitration powers? If no then, it isn't worth paying for one anyways. Its just free money for the PC and they have no mechanism or reason to assist in settling anything. It is all free money to them if you don't agree and keep paying to not agree. If they have to make an order on the issue, there is some clear end in sight for both parents.

              Tayken
              So why is it that there are so many parenting coordinators, mediators, or even lawyers that practice collaborative law which results in no settlement unless both parties agree on what they don't want to agree too in the first place?

              In my area there are about 3 arbitrators and hundreds of mediators, counselors, parenting coordinators and lawyers. Even the famous Gary Direnfeld no longer does arbitration only mediation.

              Mediation is pointless unless a result can be reached by enforcement if neither party changes their opinion.

              Comment


              • #8
                I agree. Without arbitration, mediation is useless for many pairs of parents. If the mediator is to have arbitration power, that person must be aware of social science research on what is in children's interests, as opposed to imposing their own personal biases.

                Comment

                Our Divorce Forums
                Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                Working...
                X