Vancouver and Calgary?Child Guardianship Parenting Coordinators, Kelowna ?Fort St John Parenting Coordination under the new British Columbia?Family Law Act ? and Alberta?s Family Law Act.
Highly rated Lorne MacLean, QC is often retained in very high conflict custody cases to bring an objective, fair and child focused strategy in contested child custody, guardianship and parenting responsibility cases but more recently?there is also a growing participation of Calgary and Vancouver parenting coordinators to try to reduce court applications and help parents in toxic child custody battles to redirect their energy to more positive goals for their children and themselves.
Parenting coordination is a?child-focused dispute resolution process?for separated families. Parenting coordinators are experienced family law lawyers, counselors, social workers and psychologists who have training in mediating and arbitrating parenting disputes, and infacilitating communication between parents and assisting with implementation of post separation parenting agreements and orders.
Shelagh Kinney of the MacLean Family Law Group is a member of the BC Parenting Coordinators Roster Society, and a family law lawyer with over 22 years of experience in family law matters. The BC Parenting Coordinators Roster Society is a group of British Columbia family law lawyers and mental health professionals who have established a program to train and organize parenting coordinators in BC. She can be reached directly at shelagh@bcfamilylaw.ca or toll free in BC and Alberta at 1-877-602-9900.
Following a separation, some parents find themselves in constant conflict, which may include numerous court interventions and applications even after an agreement or order that was intended to be a conclusive determination of parenting issues.? Parenting coordination is a process that gives such parents access to a method of neutral dispute resolution out of court. The parenting coordinator is a neutral, trained decision-maker who can resolve day-to-day parenting conflicts as they arise, with the goal of minimizing further conflict and additional appearances in court. Parents in conflict can retain a parenting coordinator on their own initiative or be referred to a parenting coordinator by the court. Since its? introduction to this province,? the use of parenting coordinators in British Columbia is increasing, both by agreement between separated parents and in certain ?high conflict? cases, through court appointment.
The provisions of the new British Columbia?Family Law Act?which are expected to come into effect over the next year include sections which are aimed to encourage resolutions of family matters out of court through alternative dispute resolution processes such as parenting coordination.? A ?family dispute professional? is defined in the new Act as including a family justice counsellor, a parenting coordinator, a lawyer advising a party in relation to a family law dispute, a mediator, or an arbitrator.? Pursuant to Division 3 of the?Family Law Act, a parenting coordinator may assist the parties if there is an agreement or order in place providing for the use of the parenting coordinator. The authority of the coordinator to act for the parties ends after 2 years unless specified to end earlier, and can be extended for further periods of no more than 2 years.? To be a parenting coordinator under the new?Family Law Act,? a person must meet the requirements which will be set down by regulation to the new Act.
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Once appointed by agreement or order, the?Family Law Act?provides for the parenting coordinator to assist in building consensus between the parties including by creating guidelines respecting implementations of orders or agreements and for communication and resolution of conflicts, and to make decisions on specified matters including parenting arrangements and contact with a child. The Act specifies that the parenting coordinator will not make a decision that affects the division or possession property and division of family debt.? If a party does not agree with the decision made and applies to court to change or set it aside, the court may do so if satisfied that the parenting coordinator acted outside his or her authority or made an error of law or of mixed fact and law.
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If you have any questions regarding parenting coordination or other parenting issues,? please contact Shelagh Kinney of the Maclean Family Law Group at any of our four offices in British Columbia, in downtown Vancouver, Surrey, Kelowna, and Fort St. John. We are pleased to assist clients throughout BC as well as Alberta, including Calgary and Edmonton.
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