Resolving Co-Parenting Conflicts: The Benefits Of Working With A Parental Coordinator

As a family law lawyer in Ontario, I’ve seen firsthand the challenges that come with co-parenting. Even with the best intentions, conflicts can arise, and disputes can escalate. That’s where a Parental Coordinator (PC) can make all the difference.

What is a Parental Coordinator?

A Parental Coordinator is a neutral, third-party professional who helps co-parents manage disputes and implement their parenting plan. PCs are often experienced family law lawyers, social workers, or psychologists with specialized training in conflict resolution and family dynamics. You will see below that Gene C. Colman is a supporter of investing a PC with arbitral powers.

The Benefits of Working with a Parental Coordinator

For a PC to be effective, there must be in place a written Parenting Plan, whether in an Order or a Separation Agreement.  The PC is not to create the plan itself; rather, the PC is to help the parents interpret and apply the plan that they already have in place.

1. Reduced Conflict: A PC helps co-parents resolve disputes in a constructive, respectful manner, reducing the risk of escalation and promoting a more peaceful co-parenting relationship.
2. Increased Efficiency: By providing a clear process for resolving disputes, PCs save co-parents time, money, and emotional energy that would otherwise be spent on litigation.
3. Improved Communication: PCs facilitate effective communication between co-parents, ensuring that both parties are heard, and concerns are addressed.
4. Consistency and Accountability: A PC helps co-parents stay on track with their parenting plan, ensuring consistency and accountability in decision-making and parenting responsibilities.
5. Authority to Make Binding Decisions: A key advantage of working with a PC is that they have the authority to impose an arbitral award if co-parents are unable to come to an agreement. This authority encourages co-parents to negotiate in good faith, knowing that a binding decision can be made if necessary.

The Extent of a PC’s Authority

The knowledge that a PC can make binding decisions tends to keep co-parents on their best behavior. This authority:

• Encourages co-parents to negotiate in good faith;
• Reduces the likelihood of obstructionist tactics; and,
• Promotes a more constructive and respectful co-parenting relationship

When to Consider a Parental Coordinator

If you’re experiencing any of the following, a PC may be an excellent addition to your co-parenting team:

• Frequent disputes or conflicts with your co-parent;
• Difficulty communicating effectively with your co-parent;
• Challenges implementing your parenting plan; or,
• Concerns about the impact of conflict on your child’s well-being.

Legal Challenges

In the context of a fresh application, the Ontario Superior Court of Justice held that a parenting coordinator could not be appointed in first instance without the consent of both parties. See S.V.G. v. V.G., 2023 ONSC 3206 (Ont. S.C.J.).  Justice Chappell stated at paragraph 133:

However, the court cannot require parties to participate in the aspects of parenting coordination that grant the parenting coordinator authority to make final binding decisions about parenting issues. These conclusions strike a fair and reasonable balance between the desirability and importance of encouraging parties to resolve Family Law issues between them through processes and appropriate therapeutic interventions outside of court on the one hand, and the fundamental right of individuals to have access to the court system to resolve their Family Law disputes.

I fundamentally disagree with Justice Chappell.  Her Honour notes in her most extensive reasons that there is legislated public policy to encourage alternative forms of dispute resolution.  But she draws the line at the court imposing what can ultimately become an arbitration process over the objections of one side.  Her Honour’s approach fails to recognize the utility of Parental Coordination’s most important aspect –  namely the ability of the PC in the final analysis to impose a solution where one of both parents remains unreasonable and recalcitrant. And I believe that Her Honour does not give adequate weight to the crucial mediative aspects of a PC.  Most disputes within the PC process resolve by way of mediation with the PC.

If the two sides agree to have a PC as part of their parenting plan and then problems arise later, the court will require the parents to continue with the PC, including the arbitration aspects of the process.  van der Leeden v. van der Leeden, 2023 ONSC 853 (Ont. SCJ). It therefore follows that it becomes essential to negotiate from the outset for the inclusion of a PC in your Parenting Plan.  The courts will uphold a PC’s involvement if the parties have agreed in advance.

But what if the parties do not agree in advance?  Are there cases where judges have indeed ordered the involvement of a parental coordinator where advance consent was lacking?  Yes there are.

Clayson-Martin v. Martin, 2014 ONSC 7530 (Ont. S.C.J.): The court concluded that it did possess the authority to appoint a parenting coordinator under paragraph 28(1)(b) of the Children’s Law Reform Act, leveraging its parens patriae jurisdiction if necessary.

J.M.G. v. L.D.G., 2016 ONSC 3042 (Ont. SCJ): The court concluded it did have the authority to appoint a parenting coordinator, recognizing this as an appropriate measure to assist in implementing and monitoring the parenting plan and in providing neutral feedback to the court regarding compliance by both parents with the court’s orders

Campbell v. Campbell, 2017 ONSC 3787 (Ont. SCJ): The court’s findings and reasoning highlighted the severe and persistent nature of the conflict between the parents, which had detrimental potential effects on the child’s well-being. Given this backdrop, the court determined that the appointment of a parenting coordinator was not only within its powers but also a necessary measure to provide a mechanism for resolving disputes outside the courtroom, aiming to de-escalate the situation and avoid further litigation.

S.V.G. did not make any reference to the three cases above.  It is therefore entirely legitimate to submit that S.V.G. should not be the last word on the subject of whether or not a court has the authority to appoint a parental coordinator.

Conclusions

As a family law lawyer, I’ve seen the positive impact that a Parental Coordinator can have on co-parenting relationships. By providing a neutral, supportive, and child-focused approach to dispute resolution, PCs can help co-parents navigate even the most challenging conflicts. The all important authority of a PC to make binding decisions adds a critical layer of accountability and encouragement for co-parents to negotiate in good faith.

Contact us today to learn more about how a Parental Coordinator can support your co-parenting journey.  At the Gene C. Colman Law Centre we prioritize procedural fairness and finding creative ways to resolve parenting disputes.  We can help you negotiate a Parenting Plan and take action when the other parent obstructs. You can take steps towards arranging an in-depth consultation with Gene C. Colman by visiting us online or by calling us today at 888-389-3099.