2013 North Dakota Century Code Title 14 Domestic Relations and Persons Chapter 14-09.2 Parental Rights and Responsibilities
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CHAPTER 14-09.2
PARENTAL RIGHTS AND RESPONSIBILITIES
14-09.2-01. Parenting coordinator - Definition.
A parenting coordinator is a neutral individual authorized to use any dispute resolution
process to resolve parenting time disputes. The purpose of a parenting coordinator is to resolve
parenting time disputes by interpreting, clarifying, and addressing circumstances not specifically
addressed by an existing court order. A parenting coordinator:
1. May assess for the parties whether there has been a violation of an existing court
order and, if so, recommend further court proceedings.
2. May be appointed to resolve a one-time parenting time dispute or to provide ongoing
parenting time dispute resolution services. Parenting time dispute also means a
visitation dispute under existing orders.
3. Shall attempt to resolve a parenting time dispute by facilitating negotiations between
the parties to promote settlement and, if it becomes apparent that the dispute cannot
be resolved by an agreement of the parties, shall make a decision resolving the
dispute.
14-09.2-02. Appointment of parenting coordinator.
In any action for divorce, legal separation, paternity, or guardianship in which children are
involved, the court, upon its own motion or by motion or agreement of the parties, may appoint a
parenting coordinator to assist the parties in resolving issues or disputes related to parenting
time. A party, at any time before the appointment of a parenting coordinator, may file a written
objection to the appointment on the basis of domestic violence having been committed by
another party against the objecting party or a child who is a subject of the action. After the
objection is filed, a parenting coordinator may not be appointed unless, on the request of a
party, a hearing is held and the court finds that a preponderance of the evidence does not
support the objection. If a parenting coordinator is appointed, the court shall order appropriate
measures be taken to ensure the physical and emotional safety of all parties and children.
14-09.2-03. Qualifications.
The supreme court shall establish qualifications and maintain and make available to the
public a roster of individuals eligible to serve as a parenting coordinator. The roster must include
each individual's name, address, and telephone number.
14-09.2-04. Agreement or decision binding.
Within five days of notice of the appointment, or within five days of notice of a subsequent
parenting time dispute between the same parties, the parenting coordinator shall meet with the
parties together or separately and shall make a diligent effort to facilitate an agreement to
resolve the dispute. The parenting coordinator may confer with the parties through a telephone
conference or other means. A parenting coordinator may make a decision without conferring
with a party if the parenting coordinator makes a good-faith effort to confer with the party. If the
parties do not reach an agreement, the parenting coordinator shall make a decision resolving
the dispute as soon as possible but not later than five days after receiving all of the information
necessary to make a decision and after the final meeting or conference with the parties. The
parenting coordinator shall put the agreement or decision in writing and provide a copy to the
parties. An agreement of the parties or a decision of the parenting coordinator is binding on the
parties until further order of the court.
14-09.2-05. Fees.
Before the appointment of the parenting coordinator, the court shall give the parties notice
that the fees of the parenting coordinator will be apportioned between the parties. In its order
appointing the parenting coordinator, the court shall apportion the fees of the parenting
coordinator between the parties, with each party bearing the portion of the fees that the court
determines is just and equitable under the circumstances. If a party files a pro se motion
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regarding a parenting time dispute and there is not a court order that provides for apportionment
of the fees of a parenting coordinator, the court may require the party requesting the
appointment of a parenting coordinator to pay the fees of the coordinator in advance. Neither
party may be required to submit a dispute to a parenting coordinator if the party cannot afford to
pay the fees of a parenting coordinator or an affordable coordinator is not available, unless the
other party agrees to pay the fees. After the fees are incurred, a party may by motion request
that the fees be reapportioned on equitable grounds. The court may consider the resources of
the parties, the nature of the dispute, and whether a party acted in bad faith. Notwithstanding
the provisions of section 14-09.2-06, the court may consider information from the parenting
coordinator in determining bad faith.
14-09.2-06. Confidentiality.
Statements made and documents produced as part of the parenting coordinator process
which are not otherwise discoverable are not subject to discovery or other disclosure and are
not admissible into evidence for any purpose at trial or in any other proceeding, including
impeachment. Parenting coordinators and lawyers for the parties, to the extent of their
participation in the parenting coordinator process, may not be subpoenaed or called as
witnesses in court proceedings. Notes, records, and recollections of parenting coordinators are
confidential and may not be disclosed unless:
1. The parties and the parenting coordinator agree in writing to the disclosure; or
2. Disclosure is required by law or other applicable professional codes. Notes and
records of parenting coordinators may not be disclosed to the court unless after a
hearing the court determines that the notes or records should be reviewed in camera.
Unless the court determines that the notes and records contain information regarding
acts that may be a violation of a state or federal criminal law, the notes and records
may not be released.
14-09.2-07. Immunity.
A parenting coordinator is immune from civil liability for damages for acts or omissions of
ordinary negligence arising out of that individual's duties and responsibilities as a parenting
coordinator.
14-09.2-08. Modification or termination of appointment.
The court may terminate or modify the parenting coordinator appointment upon agreement
of the parties, upon motion of either party, at the request of the parenting coordinator, or by the
court on its own motion for good cause shown. Good cause includes:
1. Lack of reasonable progress over a significant period of time despite the best efforts of
the parties and the parenting coordinator;
2. A determination that the parties no longer need the assistance of a parenting
coordinator;
3. Impairment on the part of a party that significantly interferes with the party's
participation in the process; or
4. The parenting coordinator is unwilling or unable to serve.
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