Divorce and separation can be emotionally charged experiences, particularly when children are involved. While some parents manage to co-parent effectively and resolve disputes amicably, others find themselves caught in ongoing conflicts that can have a detrimental impact on their children. In such high-conflict cases, courtrooms often become battlegrounds, leading to prolonged legal battles, stress, and uncertainty for all parties involved.
To mitigate these challenges, the family justice system in England & Wales offers various dispute resolution methods, one of which is parenting coordination. Though not yet as widely recognised as mediation or other alternative dispute resolution approaches, parenting coordination (PC) is gaining traction as an effective means of assisting parents in implementing child arrangements and reducing conflict.
What is Parenting Coordination?
Parenting coordination is a child-focused dispute resolution process designed to help high-conflict parents manage and adhere to child arrangements more effectively. A parenting coordinator (PC) is a neutral third-party professional, typically with a background in family law, psychology, or social work, who assists parents in resolving day-to-day disagreements relating to child arrangements.
Unlike traditional mediation, which is largely facilitative, parenting coordination blends elements of mediation, education, and, in some cases, decision-making to ensure disputes do not escalate into repeated courtroom battles. The primary aim is to insulate children from parental conflict while fostering a cooperative and functional co-parenting relationship.
PC is particularly useful in cases where parents have previously litigated custody disputes, frequently breach parenting agreements, or struggle to communicate effectively. By providing structured guidance and support, a PC helps parents build healthier communication patterns and adhere to legally binding arrangements.
Legal Framework in England & Wales
Unlike other jurisdictions, such as the United States or Canada, where parenting coordination has been more formally integrated into family law systems, England & Wales do not currently have a statutory framework governing PC. However, it operates within the existing legal landscape through private agreements or court endorsement.
The Children Act 1989 remains the cornerstone of family law in England & Wales, with the welfare of the child being the paramount consideration in any dispute. Courts encourage parents to resolve disputes outside of litigation, promoting mediation and other non-adversarial approaches where possible. While there is no specific legislation on parenting coordination, judges have shown a willingness to endorse such arrangements as part of child arrangement orders under Section 8 of the Children Act.
The Role of a Parenting Coordinator
A parenting coordinator plays several key roles in managing high-conflict co-parenting dynamics. Their responsibilities typically include:
– Facilitating communication: Encouraging more effective and constructive communication between parents to reduce misunderstandings.
– Interpreting court orders: Helping parents understand and implement existing child arrangements to avoid unnecessary conflict.
– Resolving day-to-day disagreements: Addressing minor disputes that arise concerning contact arrangements, handovers, school-related decisions, or holiday schedules.
– Providing education: Teaching parents techniques for effective co-parenting, conflict management, and child-focused decision-making.
– Reducing litigation: Minimising reliance on the court system by helping parents resolve disputes without needing further judicial intervention.
A PC does not have the authority to modify court orders but can help parents follow them by providing clarity and fostering cooperative problem-solving. Parents who repeatedly fail to comply with agreements may still face legal consequences, but a PC’s support reduces the need for ongoing legal enforcement.
When is Parenting Coordination Suitable?
Parenting coordination is not appropriate for every case. It is most effective in situations where:
– Parents are engaged in persistent conflict over minor issues, despite having a court order or parenting plan in place.
– There is a history of multiple court applications concerning child arrangements.
– Communication between parents is strained, hostile, or ineffective.
– The children are exposed to ongoing parental conflict, negatively impacting their emotional well-being.
– Parents struggle with implementing agreements due to misinterpretations, distrust, or logistical challenges.
It is important to note that PC is not a suitable intervention in cases involving domestic abuse, coercive control, or child safeguarding concerns. In such cases, specialist intervention and legal protections may be more appropriate.
The Parenting Coordination Process
The parenting coordination process generally follows a structured approach to help parents reduce conflict and implement child arrangements effectively. Although the specifics may vary, the process typically includes:
– Initial agreement: Both parents and the PC sign an agreement outlining the scope of parenting coordination, expectations, roles, and processes. In cases where a court endorses the arrangement, parenting coordination might be referenced in a child arrangement order.
– Assessment phase: The PC meets with both parents separately to assess the dynamics of the case, historical conflicts, behavioural patterns, and communication challenges.
– Joint sessions: Parents participate in structured discussions facilitated by the PC, where they address points of conflict and work towards solutions.
– Dispute resolution: The PC helps parents resolve disputes in real time, enabling them to avoid escalating every disagreement to legal proceedings.
– Ongoing support: Parenting coordination usually lasts for a set period, such as six to twelve months, allowing parents to establish healthier co-parenting habits over time.
Advantages of Parenting Coordination
There are several significant benefits to using PC in high-conflict custody disputes:
– Reduces stress and emotional burden: PC minimises the emotional toll of ongoing conflict, benefiting both parents and children.
– Protects children from harm: Children are often shielded from parental disputes, reducing stress, anxiety, and emotional trauma.
– Provides faster resolutions: Instead of waiting for court dates and lengthy legal processes, parents receive quicker support in managing disputes.
– Promotes consistency in child arrangements: By ensuring compliance with agreements, PC helps create stability and predictability for children.
– Reduces legal costs: Repeated court applications are costly. By decreasing reliance on litigation, PC can save parents significant legal expenses.
– Improves communication and co-parenting: Over time, parents develop better strategies for effective communication and collaboration.
Challenges and Considerations
Despite its benefits, PC is not without challenges. The absence of a legal framework in England & Wales means parenting coordination lacks formal regulation, leading to inconsistencies in its implementation. Unlike in some jurisdictions where PCs have limited decision-making powers, in England & Wales, their role remains primarily advisory.
Another challenge is parental resistance. Some high-conflict parents may be unwilling to engage in a structured process out of mistrust, entrenched hostility, or a desire to maintain control over the other parent. In such cases, even the presence of a skilled coordinator may not be enough to ensure cooperation.
There is also the issue of cost. Parenting coordination is generally a private arrangement, meaning parents must pay for the service. While it can still be more cost-effective than repeated litigation, affordability may be a concern for some families.
The Future of Parenting Coordination in England & Wales
While parenting coordination is not yet a mainstream practice, legal practitioners and family justice organisations are increasingly recognising its value. The Family Solutions Group, which has been exploring ways to reduce parental conflict, has highlighted the need for more structured interventions like PC.
In the future, parenting coordination could be incorporated into the family justice system more formally, potentially through statutory recognition or official court-approved schemes. A structured framework could help ensure consistency, set professional standards for PCs, and provide a clearer legal basis for parenting coordination orders.
Parenting coordination offers a promising alternative to repeated litigation for high-conflict parents struggling to implement child arrangements. By providing structured guidance, dispute resolution, and education, it helps parents navigate co-parenting challenges while prioritising the well-being of their children.
Although it remains a developing area within family law in England & Wales, its growing recognition signals a shift towards more child-focused dispute resolution methods. Parents in high-conflict situations should consider whether engaging a parenting coordinator could help them build a more functional and less adversarial co-parenting relationship. Ultimately, the success of parenting coordination depends on a willingness to prioritise children’s needs over parental discord.