An Act To Authorize the Use of Parenting Coordinators in Maine
Maine Legislature, Session 123, LD 1771
Committee: Judiciary
Sponsors: HAYES
Amends: 19-A MRSA §1732, 19-A MRSA §1743

Legislative Document 
No. 1771 
H.P.1237 
House of Representatives, March 28, 2007 
An Act To Authorize the Use of Parenting Coordinators in Maine 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative HAYES of Buckfield. 
Pnntt:d on Te(.:ydeo paper 
17/~/J7.7l!~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §1732, sub-§5-A is enacted to read: 
5-A. Coordinator. "Coordinator" means a parenting coordinator appointed by a 
court pursuant to section 1743, subsection 1. 
Sec. 2. 19-A MRSA §1732, sub-§6-A is enacted to read: 
6-A. High-conflict case. "High-conflict case" means an action brought under this 
chapter in which the court determines the parties demonstrate a pattern of: 
A. Excessive litigation; 
B. Anger and distrust; 
C. Verbal abuse; 
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D. Physical aggression or threats of physical aggression; 
E. Difficulty communicating about and cooperating in the care of the child; or 
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F. Any other behavior, as the court determines appropriate. 
Sec.3. 19-A MRSA §1743 is enacted to read: 
§1743. Parenting coordinator 
1. Appointment. In a proceeding under this chapter, the court may order the 
appointment of a coordinator from a list maintained by the court pursuant to subsection 2 
specifying any issue the coordinator is directed to assist the parties in resolving or 
deciding. The court may issue the order: 
A. At any time during the proceeding if all parties consent to the appointment. The 
parties may agree to limit the role of the coordinator to specific issues or areas that 
the court determines appropriate; or 
B. Upon entry of a custody order other than an ex parte order if the court makes 
specific findings that: 
(1) The proceeding is a high-conflict case; 
(2) The appointment of the coordinator is in the best interests of a child involved 
in the proceeding; and 
(3) The parties are able to pay the cost of the coordinator. 
The order may incorporate an agreement regarding the role of the coordinator under 
paragraph A. 
The court shall give a copy of the order to the parties prior to the 
appointment conference required under subsection 5. 
2. Qualifications; list of coordinators. The Supreme Judicial Court shall by rule 
establish qualifications for a coordinator pursuant to Title 4, section 8. The court shall 
maintain a list of coordinators who meet the qualifications. 
A coordinator must be 
impartial and may not have a separate connection to either party. To remain on the list 
under this subsection, a coordinator must complete parenting coordinator instruction by 
or approved by and in an amount and frequency determined by the Supreme Judicial 
Court. 
3. Authority. The authority of a coordinator must be specified in a court order 
under subsection 1 and be limited to matters that will aid the parties, including: 
A. Identification of disputed issues; 
B. Reducing misunderstandings; 
C. Clarifying priorities; 
D. Exploring possibilities for compromise; 
E. Developing methods of collaboration in parenting; 
F. Complying with an order granting custody, visitation or guardianship; or 
G. Developing and implementing a parenting plan directed at issues that the parties 
are unable to resolve. 
The court retains ultimate authority in determining any issue in the proceeding and may 
overrule a coordinator or remove any authority granted the coordinator at any time. 
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4. 
Decision of coordinator. 
The parties shall comply with a decision of the 
coordinator under this subsection unless the court overturns the decision. A coordinator 
or a partv to the proceeding may request an expedited hearing to review a decision by the 
coordinator. 
If a decision of a coordinator is challenged under this subsection, the 
coordinator in writing shall state: 
A. The matter in dispute; 
B. Each party's position on the matter; 
C. Any facts pertinent to the decision; and 
D. The decision and the underlying reasons for the decision. 
Only the court may compel a coordinator to testify at a hearing under this subsection, 
The court may grant or deny a motion for a hearing under this subsection. If a court; 
grants a hearing under this subsection, the court may take evidence or conduct a de novo 
review Qfthe matter. 
5. Appointment conference. The parties, the attorneys for the parties, the guardian 
ad litem, if a guardian ad litem has been appointed in the case, and the proposed 
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coordinator must attend the appointment conference called by the court order under 
subsection 1. Prior to a conference under this section, the court shall provide to the 
coordinator a referral form listing contact information for the parties and the parties' 
attorneys, the court's findings in support of the appointment and any agreement of the 
parties relating to the appointment. The coordinator and a guardian ad litem attending the 
appointment conference shall bring to the conference all necessary releases and contracts. 
During the appointment conference, the court shall: 
A. Explain to the parties the coordinator's role, authority and responsibilities as 
specified in the appointment order and any agreement entered into by the parties; 
B. Determine the information each party must provide to the coordina1QG 
C. Determine the financial arrangements by which the coordinator's fee will be paid 
by each party and authorize the coordinator to charge a party separately for an 
individual contact made necessary by that party's behavior; 
D. 
Inform the parties, their attorneys and the coordinator of the rules regarding 
communication among them and the court pursuant to subsection 6; and 
E. Enter the appointment order. 
Once an appointment order has been entered, the coordinator shall schedule the first 
session with each party. 
6. 
Fees. 
The coordinator is entitled to a reasonable retainer and reasonable 
compensation from the parties for services rendered. The coordinator or a party may 
request a hearing in the event of a fee dispute. The court may make the appointment of a 
coordinator contingent upon the parties' payment of a specific fee to the coordinator and 
the coordinator may not render services until the fee is paid. 
7. Meetings and communication. A meeting between the coordinator and a party 
may be informal and ex parte. A communication between a party and the coordinator is 
not confidential. The coordinator and the court may not engage in an ex parte 
communication. 
8. Report. The coordinator shall promptly report in writing to the court, the parties, 
the attorneys for the parties and a guardian ad litem if the coordinator determines that the 
existing custody order is not in the best interests of the child or that the coordinator is not 
qualified to address or resolve certain issues in the case. The court shall schedule a 
hearing and review the matter no more than 2 weeks following receipt of the report. If 
the parties have agreed to a fundamental change in the child custody order, the 
coordinator shall present the agreement to the court. The coordinator remains appointed 
to the case until relieved by the court. 
9. Records. The coordinator shall maintain a record of each meeting with a party. 
The record may be subpoenaed only by order of the court presiding over the case. Upon 
request from a party, the court shall review the record in camera and may release the 
record to the party only if the court determines release of the record is in the best interests 
of the child. 
Notwithstanding the provisions of this subsection, a coordinator shall 
provide to the parties: 
A. A written summary of a meeting and a development in the case following each 
meeting; and 
B. A copy of any written communication. 
10. Modification or termination of a coordinator appointment. For good cause 
shown, the court may terminate or modify a coordinator appointment upon motion of a 
party or the coordinator or the court on its own motion. Good cause under this subsection 
includes: 
A. Lack of reasonable progress over a significant period of time despite the best 
efforts of the parties and the coordinator; 
B. A determination that the parties no longer need the assistance of the coordinator; 
C. Impairment of a party that significantly interferes with the party's participation in 
the process; 
D. The coordinator is unable or unwilling to continue to serve; or 
E. If the appointment was made upon an agreement of the parties under subsection 1, 
paragraph A. If a motion is made under this paragraph, the court may modify or 
terminate the coordinator appointment according to a subsequent agreement of the 
parties. 
11. Coordinator imm unity. The coordinator serves as an officer of the court and is 
entitled to quasi-judicial immunity for an act or omission arising out of the performance 
of the duties of the coordinator as detailed in the order of appointment under subsection 1. 
SUMMARY 
This bill allows a court to appoint a parenting coordinator in a child custody dispute if 
the court determines that the dispute is a high-conflict case or upon agreement of the 
parties. The parenting coordinator aids the parties in identifying and resolving issues in 
the parenting or custody of the child, and decisions by the coordinator may be overturned 
only by the court.