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1 | | parenting plan or parenting schedule; |
2 | | (3) unsuccessful mediation or the court determining |
3 | | mediation to be inappropriate; |
4 | | (4) the agreement of the parties; or |
5 | | (5) any other reason the court deems appropriate which |
6 | | does not exceed the authority under this Section. |
7 | | (c) A parenting coordinator shall facilitate the |
8 | | resolution of conflict among parties regarding an existing |
9 | | parenting plan in a marital dissolution, parentage, or |
10 | | post-judgment case to: |
11 | | (1) monitor parental behaviors, including compliance |
12 | | or lack thereof with orders entered in the case by the |
13 | | court; |
14 | | (2) resolve disputes between the parties upon request |
15 | | of a party or order of the court; |
16 | | (3) make recommendations to the parties; and |
17 | | (4) make recommendations to the court upon proper |
18 | | notice and petition. |
19 | | (d) A parenting coordinator is authorized to make specific |
20 | | recommendations regarding the existing parenting plan |
21 | | including, but not limited to: |
22 | | (1) the time, place, and manner for the pick-up or |
23 | | drop-off of the child in relation to each party's |
24 | | designated parenting time or non-parent visitation; |
25 | | (2) disputes regarding the extent and nature of the |
26 | | child's participation in existing educational and |
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1 | | extracurricular activities; |
2 | | (3) minor alterations of parenting time or non-parent |
3 | | visitation to accommodate changes in schedule or |
4 | | availability of the child or a party, including make-up |
5 | | time if permitted by a prior court order; and |
6 | | (4) any other specific issues assigned to the |
7 | | parenting coordinator by the court or agreed by the |
8 | | parties which do not exceed the authority under this |
9 | | Section. |
10 | | (e) A parenting coordinator shall not make recommendations |
11 | | as to: |
12 | | (1) The allocation of parental responsibilities for |
13 | | decision-making. |
14 | | (2) The initial allocation of parental |
15 | | responsibilities for parenting time and any allocation of |
16 | | parenting time besides minor alterations described in |
17 | | paragraph (3) of subsection (d). |
18 | | (3) Relocation. |
19 | | (4) Establishing visitation by a non-parent. |
20 | | (f) The parenting coordinator shall provide his or her |
21 | | recommendations in writing to the parties within 14 days of |
22 | | the recommendations. |
23 | | (g) The parties may submit the recommendations to the |
24 | | court for entry as an agreed order. |
25 | | (h) A parenting coordinator is prohibited from serving as |
26 | | a court's professional evaluator pursuant to subsections (b) |
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1 | | and (c) of Section 604.10 in any proceeding involving one or |
2 | | more parties for whom the parenting coordinator has provided |
3 | | parenting coordination services. A previously appointed |
4 | | professional evaluator may be appointed a parenting |
5 | | coordinator in the same case only by agreement of the parties |
6 | | and approval of the court. |
7 | | (i) The parties shall pay the parenting coordinator fees |
8 | | as ordered by the court or agreed upon in writing by the |
9 | | parties and the parenting coordinator. The court shall |
10 | | consider the financial resources of the parties and any fee |
11 | | waiver requests pending or which have been granted. |
12 | | (j) The parties shall comply with the recommendations made |
13 | | by the parenting coordinator until and unless the court, after |
14 | | a hearing on the motion and any responses thereto, rules that |
15 | | the recommendations at issue are: |
16 | | (1) in contravention of the child's best interests; or |
17 | | (2) outside the scope of the authority bestowed upon |
18 | | the parenting coordinator under this Section, the |
19 | | applicable local circuit court rule, or the order entered |
20 | | by the court appointing the parenting coordinator. |
21 | | (k) A party may file a motion in the circuit court for |
22 | | review of any recommendations made by the parenting |
23 | | coordinator. The circuit court shall review the |
24 | | recommendations at issue under a de novo standard of review. |
25 | | If a party files a motion for review and the court |
26 | | substantially affirms the recommendations of the parenting |
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1 | | coordinator, the court may order the party opposing the |
2 | | recommendations to pay both parties' reasonable attorney's |
3 | | fees and costs incurred in connection with the issue brought |
4 | | before the court if the court finds the motion for review was |
5 | | frivolous. |
6 | | (l) The parenting coordinator shall have access to |
7 | | non-public court records involving the same parties, including |
8 | | orders of protection, civil no contact orders, and stalking no |
9 | | contact orders, if approved by the court. |
10 | | (m) Communications with the parenting coordinator shall |
11 | | not be confidential, except as provided by another law or by |
12 | | court order in a case involving the same parties. |
13 | | (n) No ex parte communication by the parenting coordinator |
14 | | with the court is permitted. |
15 | | (o) A parenting coordinator has the same immunity provided |
16 | | to all other professionals appointed pursuant to Section 506. |
17 | | (p) The Supreme Court may adopt rules governing the |
18 | | qualifications, appointment, duties, and training of parenting |
19 | | coordinators if such rules do not conflict with the minimum |
20 | | requirements that each parenting coordinator: |
21 | | (1) possess a Juris Doctorate or a Master's degree in |
22 | | social work, psychology, or counseling, or a higher or |
23 | | equivalent degree in a related field; |
24 | | (2) have at least 5 years of experience in law, mental |
25 | | health, or a related field; |
26 | | (3) complete an approved course on domestic violence; |