STATE OF MICHIGAN



STATE OF MICHIGAN

IN THE SIXTH JUDICIAL FAMILY COURT

In the marriage of JANE SMITH/ Plaintiff, Petitioner: HON: Judge

CASE NO -----------------DM

V.

JOHN SMITH/

Defendant, Respondent:

PERSUANT TO THE STIPULATION OF THE PARTIES, hereafter set forth, and good cause appearing therefore,

CONSENT ORDER EXTENDING APPOINTMENT OF

PARENTING COORDINATOR/ GUARDIAN AS LITEM

REGARDING PARENTING ISSUES

At a session of said Court held in the

City of Pontiac, County of Oakland

State of Michigan on ________________

This Order is entered on the consent of the parties, who have agreed that a Parenting Coordinator/ Guardian Ad Litem shall be appointed to hear and decide certain issues regarding the parenting of their children.

The parties have been informed by their counsel that the Parenting Coordinator will act as arbitrator of certain matters and fact finder and recommender of others, as described below.

IT IS ORDERED, ADJUDGED AND DECREED THAT: the parenting issues set forth below are referred to a Parenting Coordinator, subject to the limitations set forth in this Order.

1. APPOINTMENT:

The parties stipulate and agree to the appointment of Robert M. Hack, whose address is 2550 South telegraph Road, Suite 240, Bloomfield Hills, MI 48302, phone (248) 225-6000, herein referred to as the Parenting Coordinator (P.C.) to act as an Officer of the Court in a quasi-judicial role and confer on the Parenting Coordinator the authority to mediate and/or to arbitrate the issues of the parties identified hereafter.

The parties are:

Plaintiff (biological mother). Petitioner: Jane M. Smith

Defendant (biological father), Respondent: John A. Smith

The children names and their ages are: John A. Smith Jr. (DOB 9-10-2002),

Jane M. Smith (DOB 10-01-2001)

The parties shall keep the Parenting Coordinator informed of any changes in their addresses and telephone numbers within 14 days.

2. AUTHORITY OF PARENTING COORDINATOR:

A. Parenting Coordinator as Facilitator: The Parenting Coordinator before making any recommendation or binding decision will attempt to facilitate a resolution of any parenting dispute.

B. Parenting Coordinator as Arbitrator: The Parenting Coordinator may make decisions resolving conflicts between the parties, which do not affect the Court’s exclusive jurisdiction to determine fundamental issues of custody and parenting time.

Each party specifically agrees that the Parenting Coordinator may make decisions regarding possible conflicts that may arise, including, but not limited to, the following day-to-day issues. Such decisions are effective as Orders when made and will continue to affect unless modified or set aside by the Court:

C. In the event that the arbitration proceedings or a legal action becomes necessary to enforce any provision of this Order, or recommendations of the Parenting Coordinator, the non-prevailing party shall pay attorney’s fees and cost as may be incurred.

Each party specifically agrees that the Parenting Coordinator may make decisions regarding possible conflicts they may have on the following Issues, (the parties may exclude specified items from the following list), and that such decisions are effective as orders when made and will continue in effect unless modified or set aside by a court of competent jurisdiction:

1. Dates, time and method of pick up and delivery;

2. Sharing of vacations and holidays.

3. Alterations in schedule which do not substantial alter the basic time share agreement;

3. Minor or occasional adjustments in vacations or holiday schedules;

4. Method of Pick up and delivery;

4. Transportation to and from parenting time;

5, Participation in child care/daycare and babysitting;

6. School attendance, homework;

7. Bedtime;

8. Diet;

9. Clothing;

10. Sports, lessons and recreation;

11. After school and enrichment activities;

12. Enrichment activities and summer camp;

13. Discipline;

14. Health care management;

15. Parent participation in routine at-home health care and hygiene;

16. Occasionally schedule adjustments which do not substantially a

alter the basic time share agreement;

17. Participation in parenting time by significant others, relatives, etc.;

18. Communication between the parents and between parents and

children;

19. In the case of infants and toddlers, increasing time share when developmentally appropriate;

20. Other: Communication between parent and children.

21, A. Therapy for the children to be selected by the Parenting

Coordinator upon the terms and conditions as set forth by the

Parenting Coordinator;

B. The Parenting Coordinator has the authority to file any

appropriate Motion before the Court.

C. Reservation of Court’s Exclusive Jurisdiction: Absent the agreement of the parties, the Parenting Coordinator shall not make any decisions which alter or reconfigure the parties’ time sharing arrangements, such that it results in a material change or physical custody. Child support shall remain within the exclusive jurisdiction of the Court. The Court reserves jurisdiction in the family law action to enforce the provisions of this Order. In the event that arbitration proceedings or a legal action become necessary to enforce any provision of this order, the non-prevailing party shall pay attorney’s fees and costs as may be incurred.

D. Parenting Coordinator as Fact Finder and Recommender: The Parenting Coordinator shall have authority to make recommendations regarding disputes on the following:

1. Education and school choice;

2. Church attendance and school choice;

3. Religion and religious training, and worship services;

3. Major changes in vacation and holiday parenting time schedule;

4, Parenting time changes which temporarily alter the child (ren)’s residential arrangements;

5. In the case of infants and toddlers, increasing parenting time when developmentally appropriate.

6. Child(ren)’s physical examinations, medical treatment and other health care services;

7. Child(ren)’s psychological examinations, assessments;

8. Parents’ and/or Child (ren)’s psychotherapy, including selection of a therapist for the child (ren) when the parties cannot agree.

9. Participation by parents and/or children in alcohol and drug monitoring/testing:

10. Appointment of counsel for child(ren):

11. Communication between parent and child(ren).

12. Other:___________________________________________________________________________________________________________

Such recommendations shall be submitted to the Court in the form of a proposed Order drafted by the Parenting Coordinator. If there are no timely objections (as described under “5” below) filed to the recommendation, the recommendation becomes the order of the court. If there are objections filed to the proposed recommendations, there shall be a de novo review of the issue by the court, at which time the moving party has the burden of proof.

3. QUASI-JUDICIAL IMMUNITY:

The Parenting Coordinator is a Court Officer/Guardian Ad Litem. The Parenting Coordinator has quasi-judicial immunity pursuant to MCL 691.1407(6). The Parenting coordinator cannot be sued based on his or her actions in this matter. The Parenting Coordinator can be compelled to testify in any properly noticed de novo hearing on recommendations made by the Parenting Coordinator under section 2-D and such testimony shall not constitute a waiver of the Parenting Coordinator’s quasi-judicial immunity.

4. PROCEDURE AND RIGHTS OF PARENTING COORDINATOR:

Both parties shall participate in the dispute resolution process as defined by the Parenting Coordinator and shall be present when so requested by the Parenting Coordinator. The Rules of Evidence shall not apply to these processes. The Parenting Coordinator shall have the right:

1. To require the parties to execute all releases deemed necessary by the Parenting Coordinator within 15 calendar days of the date of this order.

2. To interview the parties, attorneys or child(ren) in any combination and to

exclude any party or attorney from such interview with the child(ren);

3, To have reasonable access to the child (ren) with adequate notice and that

each party, including the child(ren), shall be allowed access to the parenting

Coordinator;

4. To have access to any therapist or any of the parties or child(ren), and access to school or medical records;

5. To obtain releases for any evaluation, psychological testing, or test results performed on any child(ren) or any parent or custodian, including releases needed to speak directly with the relevant professionals;

6. To have access to educators of the child(ren);

7. To obtain copies of past and future pleadings relating to custody and

parenting issues within seven (7) calendar days after filing;

8. To obtain all relevant records, documentation, and information deemed

necessary by the Parenting Coordinator, including the Friend of the Court file.

5. RECOMMENDATIONS-DECISIONS:

If the Parenting Coordinator makes recommendations on issues addressed in item 2-D above, these recommendations shall be sent to the Friend of the court family counselor, the parties, and counsel for the parties. The Friend of the Court shall present an order to the court in conformity with the Parenting coordinator’s recommendations. If either Party disagrees with the recommended motion shall be filed within 14 days after this order is filed with the court, and mailed to the parties, pursuant to Michigan Court rules.

6. COMMUNICATION WITH PARENTING COORDINATOR:

a. The parties and their attorneys shall have the right to initiate or receive ex parte Communication with the Parenting Coordinator. Any party may initiate contact in writing with the Parenting Coordinator, provided that copies are provided to the other party.

b. The parenting Coordinator may communicate with the Parties’ child or children outside the presence of the parties. The Parenting Coordinator may communicate with the therapists who are treating the parties’ child or children, as well. If the Parenting Coordinator is of the opinion that the information or notes generated by the Parenting Coordinator communication with the child or children and/or with the children’s therapist contain information which may be harmful to the child or which may be damaging to the child’s relation with his or her therapist or with either parent, the Parenting Coordinator may withhold such information. If either parent wishes to review such information, such review can only be allowed upon noticed motion, after in camera review of the information by the court, in consultation with the Parenting Coordinator. If, after such review, the Judge agrees with the Parenting Coordinator that the divulging of such information could be harmful to the child or damaging to the child’s relationship with his/her therapist or either parent, the Court may order that such information need not be divulged.

c. The parties shall provide all reasonable records, documentation, and information requested by the Parenting Coordinator.

d. No therapist-patient relationship and/or privilege is created by this stipulation. The confidential rules do NOT applied to the Parenting coordination relationship.

7. CHILD ABUSE REPORTING:

The duty to report: The penal code mandates that all child care custodians and health care practitioners (Doctors, Marriage Counselors, Family and Child Counselors, Psychologists, Social Workers and others) report to child protective services any information regarding possible child abuse that comes to the attention of the health care practitioner. The reporting is an exception to the confidentiality privilege. This means that any child abuse allegations that are brought to the attention of the Parenting Coordinator who is a health care practitioner must be reported.

8. FALSE ALLEGATIONS OF CHILD ABUSE: There will be a monetary sanction and attorney fees for any knowingly false allegation of child abuse made during a child proceeding. This section does not apply to Parenting Coordinator who report an allegation made to them, but does apply to the person making the allegation to the Parenting coordinator if the Court finds the initial allegation was made knowing that it was untrue.

8. Immunity For Child Abuse Reporting: Health care practitioners who are required to report allegations of child abuse are immune from civil suits or liability for making their required reports. They cannot be sued either for the report or for the violation of the confidentiality privilege. Specific statutes provide for the immunity from civil suits and also provide an exception to the confidentiality privilege.

10. WAIVER OF PRIVILEGE:

No therapist-patient relationship is created by this stipulation. By signing this agreement, the parties understand that they are waiving the right to any privileged communication.

11. FEES:

The parenting Coordinator shall be compensated at the rate $150 per hour, except court appearances, which are billed at $200 per hour. Annual fee increase, if any, shall automatically go into effect upon thirty day’s advance notice to the parties. Each party shall pay a retainer of $1,000 to the P.C. within 5 days of the filing of this order. When the balance falls below $300, the parties shall replenish the retainer. The P.C. shall not be required to perform additional services after all retainer payments are exhausted, unless the parties agree to pay additional retainers.

If there is any retainer balance at the conclusion of the P.C.’s work, the P.C. shall return the balance to the parties when the P.C. deems the work complete.

The P.C. may request that the retainer be replenished before undertaking any further work on behalf of the parties.

All costs for services may include, but not limited to the following: photocopies, messenger service, long distance telephone charges, express and/or certified mail costs, parking, tolls, mileage and any other travel expenses Time spent in interviewing, report preparation, review of records and correspondence, collateral contacts related to this case such as, therapists, teachers, medical doctors, (but not limited to), telephone conversations, emails, travel, court preparation and any other time invested in connection with The Parenting Coordinator and settlement conference will be billed at the hourly rate. Any unused deposits will be returned at the end of the Parenting Coordinator’s tenure, less the balance owing by either party. However, when the Parenting Coordinator is working exclusively with the Plaintiff and/or children or with the defendant and/or children, then each party will be responsible for 100% of the Parenting Coordinator’s hourly rate, all fees to be paid in full at the end of each session, either in cash or check. At the time invested in serving, as Parenting Coordinator will be billed at the hourly rate, payable to Associates In Divorce.

Should the parties or their counsel subpoena the parenting coordinator will be billed at the Parenting Coordinator’s court appearance rate of $200.00 per hour including court preparation time plus $1,000 nonrefundable retainer fee in advance of the court hearing. The parties shall share all fees and deposits of the P.C. equally unless they agree otherwise in advance of such session. However, the P.C. shall have the right to reallocate payment of his fees if he believes the need for his services is attributable to the unreasonable conduct and/or intransigence of one party, or if the party makes legitimate but disproportionate use of his services.

The Parties understand that all fees will be paid, in full, at the end of each

session. We further realize that we are working as conflicted parties and therefore resolutions may not be made and that there is no guarantee of agreed upon results in mediating disagreement. No refunds for any reason. The Parenting Coordinator will NOT bill for any session. All checks are to made payable to Associates In Divorce, P.L.C.

In the event that either party fails to provide twenty-four (24) hours telephone notice of cancellation of any appointment with the parenting coordinator, such party shall pay all of the Parenting time charges of such missed appointment at the full hourly rate, at the discretion of the Parenting coordinator.

12. TERMS OF APPOINTMENT:

The term of this appointment shall be a period of (24) months from the date of filing this Order. Any matters submitted to the Parenting Coordinator within the time covered by this Order shall be within the jurisdiction of the Parenting Coordinator, even If the Order or recommendation of the Parenting Coordinator is issued after expiration of the term. At the expiration of the Parenting Coordinator’s initial term, the term may be extended successive (12) months by the written consent of the parties and the parenting Coordinator and/or by further order of the Court. No new Order shall be required. Copies of the written consent shall be provided to both parties, and to the Friend of the Court.

Neither party shall initiate court proceedings for the removal of the Parenting Coordinator or bring any grievances regarding the performance or actions of the parenting Coordinator without first meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance

13. MISCELLANEOUS:

a. A copy of this order shall be sent to the Parenting Coordinator by mail no later than seven (7) business days after it is signed and filed.

b. THE FOLLOWING SANCTIONS WILL BE IMPLIMENTED IF EITHER PARTY FAILS TO FOLLOW THROUGH WITH THE COURT ORDERS OR THE RECOMMENDATIONS OR REQUESTS OF THE PARENTING COORDINATOR:

14. GRIEVANCES:

a. The Parenting Coordinator may be disqualified on any grounds applicable. Neither party may initiate court proceedings for the removal of the Parenting Coordinator or to bring to the court’s attention any grievances regarding the performance or actions of the Parenting Coordinator without meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance.

b. Neither party shall complain about the Parenting Coordinator to the Parenting Coordinator’s Licensing Board without first meeting and conferring with the Parenting Coordinator in an effort to resolve the grievance. In the event no resolution is reaches, the parties and Parenting Coordinator shall attend a judicially settlement conference on the court’s regularly schedules settlement conference calendar prior to any action being undertaken.

c. The Court shall reserve jurisdiction to determine if either or both parties and/or the Parenting Coordinator shall ultimately be responsible for any portion of all said Parenting Coordinator’s time and costs spent in responding to any grievance and the Parenting Coordinator’s attorney’s fees, if any.

d. If either party or Parenting Coordinator believes that there exists a grievance between them with respect to this stipulation that cannot be resolved, either party of the Parenting Coordinator can move for relief from stipulation, after complying with paragraph 2C.

15. FREQUENCY OF CONTACT

The main purpose of this order is to lessen the damage done to the children. Therefore, before more conflict occurs and to lessen problems between the two former partners, I would recommend that meetings be held weekly, but not less than monthly.

NOTE: This documents is basically a recap of the Court Order and is a guide for all parties concerned of the issues that will be addressed by the Parenting Coordinator.

The Parties understand that all fees will be paid at each session

16. RESIGNATION OF THE PARENTING COORDINATOR:

The parenting coordinator may resign at any time he determines the resignation to be in the best interest of the child(ren) or the Parenting Coordinator to serve out his term, upon thirty (30) days written notice to the parties.

ORDER

Upon reading the foregoing stipulation, and cause appearing therefore, IT IS SO

ORDERED. Date:___________________________, 2012

________________________________________

Hon. Circuit Court Judge

Approved:

________________________________ ________________________________

Plaintiff (biological mother), plaintiff, Biological Father)

_________________________(P….) ___________________________(P…..)

Attorney for Defendant, Attorney for Plaintiff,

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