By H. William Edgar | Edgar & Dow
If a custody order leaves the parents fighting over every pickup, I first look at whether a clearer order would solve the problem. A parenting coordinator may help implement an existing plan. Ruisi v. Thieriot (1997) 53 Cal.App.4th 1197 explains why the court must pay close attention to the authority it gives a neutral.
A neutral can help parents implement a calendar, share information, and resolve routine disagreements. The agreement or appointment should identify the subjects within scope, confidentiality, the authorized communication channels, fees, and when the appointment ends. It should also explain what happens if a parent objects to a proposed resolution and whether any recommendation goes to court.
In Ruisi v. Thieriot (1997) 53 Cal.App.4th 1197, the court addressed limits on referring custody implementation disputes to a special master. Review the authority for any proposed reference and whether the parties consent. The court retains responsibility for custody adjudication. A neutral who helps interpret a calendar serves a different role from someone purportedly authorized to alter where a child lives or who makes school decisions.
If most conflicts concern Friday pickups, a precise exchange term may save both households time and expense. If the conflict is widespread, consider whether structured help will be affordable and safe. A protective order can affect communication and participation. Ask how either parent can raise an urgent issue, and whether concerns about safety or imbalance require different procedures.
If parents dispute every activity signup, a neutral could help them exchange the season schedule, flag conflicts, and work toward agreement. If the parents disagree about changing the court’s weekend rotation for the entire season, the authority to resolve that dispute depends on the order and any lawful reference. Define whether the neutral makes a recommendation or only helps the parents discuss it.
The parents spend hours arguing about routine exchanges. They consider hiring a professional to help and propose a clause allowing the person to “resolve custody disputes.”
Replace that general phrase with specific subjects, allowed communications, fee allocation, and a process for reporting an impasse. State whether the professional can only facilitate agreement or is expected to make recommendations. If the clause proposes a formal reference, have counsel check the legal authority and scope.
If the conflict involves a substantive change in time or authority, use the appropriate court process. If safety or a protective order limits contact, build that into the process from the start. A structured calendar and narrowly defined support may be enough where the disputes are logistical.
Specify how the professional bills, which communications each party receives, and when fees can be reviewed. Decide what material can be shared with the court and how confidential information is handled. Identify a process for disagreements over the appointment itself.
If a neutral cannot resolve a disagreement because the order is unclear, counsel can assess a request for more definite terms. If the parties agree on a substantive change, consider a signed stipulation submitted for approval. The professional’s role should remain within the authority granted.
Explore the California Child Custody and Visitation Library for more guides on changing and enforcing custody orders.
What Happens When Parents With Joint Legal Custody Disagree?
What Can I Do if the Other Parent Keeps Making Decisions Without Me?
How Do I Write a Parenting Plan That Works in California?
Can One Parent Sign a Child Up for Activities During the Other Parent’s Time?
What Can I Do About Missed or Late Custody Exchanges in California?
If the same dispute keeps coming up under your custody order, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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