An Act To Authorize a Court To Appoint a Parenting Coordinator To Assist in Domestic Relations Actions
Maine Legislature, Session 124, LD 0643
Committee: Judiciary
Sponsors: HAYES
Amends: 19-A MRSA §1653, 19-A MRSA §1659

Legislative Document 
No. 643 
H.P.457 
House of Representatives, Febmary 19,2009 
An Act To Authorize a Court To Appoint a Parenting Coordinator 
To Assist in Domestic Relations Actions 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative HAYES of Buckfield. 
Printed on recycled p:lper 
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MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1 .. 19-A MRSA §1653, sub-§2, ~, as amended by PL 2001, c. 329, §2, is 
further amended to read: 
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D .. The order of the court awarding parental rights and responsibilities must include 
the following: 
(1) 
Allocated parental rights and responsibilities, shared parental rights and 
responsibilities or sole parerital rights and responsibilities, according to the best 
interest of the chiid as provided in subsection 3. An award of shared parental 
rights and responsibilities may include either an allocation of the child's primary 
residential care to one parent and rights of parent-child contact to the other 
parent, or a sharing of the child's primary residential care by both parents. If 
either or both parents request an award o(shared primary residential care and the 
court does not award shared primary residential care of the child, the court shall 
state in its decision the reasons why shared primary residential care is not in the 
._ best interest of the child; 
(2) Conditions of parent-child contact in cases involving domestic abuse as 
provided in subsection 6; 
(3) A provision for child support as provided in subsection 8 or a statement of 
the reasons for not ordering child support; 
(4) A statement that each parent must have access to records and information 
pertaining to a minor child, including, but not limited to, medical, dental and 
school records and other inforrriation on school activities, whether or not the 
child resides with the parent, unless that access is found not to be in the best 
interest of the child or that access is found to be sought for the purpose of causing 
detriment to the other parent. If that access is not ordered, the court shall state in 
the order its reasons for denying that access; 
(5) A statement that violation of the order may result in a fmding of contempt 
and imposition of sanctions as provided in subsection 7; aREl 
(6) A statement of the definition of shared parental rights and responsibilities 
contained in section 1501, subsection 5, if the order of the court awards shared 
parental rights and responsibilities-;- ; and 
(7) If the court appoints a parenting coordinator pursuant to section 1659, a 
parenting plan defming areas of parental rights and responsibilities within the 
scope oftheparenting coordinator's authority. 
An order modifying a previous order is not required to include provision~ of the 
previous order that are not modified. 
Sec. 2. 19-A MRSA §1659 is enacted to read: 
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§1659. Parenting coordination and assistance 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
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13. 
A. 
"Parenting coordinator" means a neutral 3rd party appointed by the court to 
oversee and resolve disputes that arise between parents in interpreting and 
implementing the parenting plan set forth in the court's order and who, at a minimum, 
meets the qualifications and requirements established by the Supreme Judicial Court 
for guardians ad litem and any other qualifications and requirements established by 
the Supreme Judicial Court. 
B. 
"Parenting plan" means a' plan defining areas of· parental rights and 
responsibilities within the scope of a parenting coordinator's authority included in an 
order of the court pursuant to section 1653: 
2. Appointment. A court may appoint a parenting coordinator pursuant to this 
subsection. 
A. In a proceeding under this chapter, on the motion of a party or on the court's own 
motion, the court may appoint a parenting coordinator, with or without consent of the 
parties, in a case in which: 
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The parents have demonstrated a pattern of persistent inability or 
unwillingness to: 
(a) Make parenting decisions on their own; 
(b) Comply with parenting agreements and orders; 
(c) Reduce their child-related conflicts; or 
(d) Protect their child from the effects of those conflicts; and 
(2) Appointment of the parenting coordinator is in the best interest of the child. 
B.. The order of appointment must include apportionment of responsibility for 
payment of the parenting coordinator's fee, if any, between the parties. 
C. Prior to appointing a parenting coordinator, the court shall consider any evidence 
of domestic abuse that may affect' the parties' ability to engage in parenting 
coordination and shall tailor the order accordingly, including, without limitation, 
declining to appoint a parenting coordinator. 
D. The order of appointment may include the length of the term of the appointment. 
3. 
Timing of appointment; post-judgment. 
The appointment of a parenting 
coordinator is effective upon issuance of the final divorce jUdgment, the ruling on a post-
judgment motion or the [mal parental rights and responsibilities judgment. 
4.' 
Authority; failure to comply. 
A parenting coordinator. may make 
recommendations that interpret and' implement the parenting plan. A party's failure to 
comply with the parenting coordinator's recommendations is admissible in a proceeding 
concerning compliance with an order of the court, including the parenting plan, and a 
contempt proceedirig. A parenting coordinator's interpretation or implementation of the 
court order may not change the order. 
5. Judicial review. If a party objects to the recommendations of the parenting 
coordinator; a party or the parenting coordinator may file a motion for review. Pending 
review, the parties shall follow the order as interpreted or .implemented by the parenting 
coordinator. 
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6. Confidentiality. The activities of a parenting coordinator are not confidential, 
except that the parenting coordinator has discretion to keep . any communications with 
children confidential. 
7. Quasi-judicial immunitY. An individual serving as a parenting coordinator acts 
as the court's agent and is entitled to quasi-judicial immunity for acts performed within 
. the scope of the duties of the parenting coordinator as set forth in the court's order. 
8. Other parenting assistance. Nothing in this section limits the court's authority to 
appoint a person who is not qualified as a parenting coordinator to assist the parties in 
implementing specifically identified issues in the parenting plan as set forth in the terms 
of the court's order if: 
A. The parties consent to·the appointment; 
B. It is in the best interest ofthe child; and 
CThe court considers any evidence of domestic abuse in the relationship between 
the parties before making the appointment. 
SUMMARY 
This bill authorizes a court to appoint a parenting coordinator to oversee and resolve 
disputes that arise between parents in interpreting and implementing the final court order 
in a divorce judgment or a parental rights and. responsibilities judgment. 
A parenting 
coordinator is a neutral 3rd party and must meet the qualifications and requirements 
established for guardians ad litem, as well as any other qualifications and requirements 
the ,Supreme Judicial Court may estaqlish for parenting coordinators. 
A parenting coordinator may' be appointed when the appointment is in the best 
interest of the child or children involved, and when the parents have demonstrated a 
pattern of persistent inability or unwillingness to make parenting decisions on their own, 
comply with parenting agreements and orders, reduce their child-related conflicts or 
protect their child from the effects of that conflict. 
. The court shall consider any evidence of domestic abuse that may affect the parties' 
ability to engage in parenting coordination and shall tailor its order accordingly, including 
declining to appoint a parenting coordinator . 
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The parenting coordinator may make reconUnendations that interpret and implement 
the parenting plan made part of the order. 
A party's failure to comply with the 
recommendations of the parenting coordinator is admissible in a proceeding concerning 
compliance with a court order, including the parenting plan, and a contempt proceeding. 
The parenting coordinator's recommendations interpreting and implementing the 
parenting plan may not change the court's order. 
If a party objects to the 
recommendations, a party or the parenting coordinator may file a motion for review by 
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the. court. 
Pending review, the parties shall follow the order as interpreted and 
implemented by the parenting coordinator. 
An individual serving as a parenting coordinator acts as the court's agent and has 
quasi-judicial immunity for acts performed within the scope of the duties of the parenting 
coordinator as set forth in the court's order. 
The new provisions do not limit the court's authority to appoint a person to assist the 
parties in implementing specifically identified issues as set forth in the terms of the 
court's judgment even though the person is not q~alified as a parenting coordinator. The 
partlCs must consent to the appointment, the appointment must be in the best interest of 
the child and the court must consider any domestic abuse between the parties before 
making the appointment. 
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