If that does not happen, those issues should be dealt with in a way that serves the best interests of your child. This may include the appointment of a custody evaluator, who will interview the family members and other people, and possibly administer psychological testing, the appointment of an attorney for a child, and the appointment of a parenting coordinator, to help parents resolve parenting time disputes without resorting to litigation. In certain intractable situations, the trial court may need to resolve the dispute. Peter has extensive experience in dealing with child custody and parenting time issues.
Peter is a member of the Association of Family and Conciliation Courts, which is a network of professionals who are committed to serving the best interests of children. A disagreement does not have to become a war, and Peter encourages his clients to work with counselors, parenting coordinators, mediators, child psychologists, and other professionals to resolve disagreements outside of a courtroom whenever possible.
Whatever your circumstances, Peter will work with you to help resolve custody and parenting time issues fairly, with an understanding of the long-range impact these kinds of disputes have on children and families. Please visit the links page of this website for additional resources regarding custody and parenting time.
All Services. Peter Bunch is one of Oregon's most highly regarded divorce and family law attorneys. In considering the best interest of the child in a relocation case, the judge will consider a variety of factors, including:. For the text of the statute governing best interest in custody determinations, see Or. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
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If the court determines that it would be in the best interests of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding. If court-appointed counsel represents a child, the court must consider any statement of issues and contentions of the child's counsel at every hearing where the court makes a judicial determination of custody and visitation Family Code , ss. The court must grant reasonable visitation rights to a parent unless it is shown that the visitation would be detrimental to the best interest of the child.
Where visitation is ordered in a case when domestic violence is alleged or a restraining order has been issued, the visitation order must specify the time, day, place and manner of transfer of the child, so as to limit the child's exposure to potential domestic conflict or violence and to ensure the safety of all family members. In any contested proceeding involving child custody or visitation rights, the court may appoint an evaluator to conduct a child custody evaluation, in cases when the court determines that it is in the best interest of the child to do so.
A court-ordered child custody evaluator must have completed domestic violence training as set out in the statute and additional training as set out in a rule of court Family Code , ss. These standards include twelve hours of in-person classroom instruction in matters such as the appropriate structuring of the child custody evaluation process including maximizing safety for clients, evaluators and court personnel , maintaining objectivity and controlling for bias, and providing for separate sessions at separate times as set out in Family Code s.
Also, in any pleading when custody and visitation are contested, the court must set the contested issues for mediation. Domestic violence cases are handled in accordance with a written protocol approved by the Judicial Council Family Code , s. A rule of court sets out the standards of practice for court-connected child custody mediation services. A mediator's duties include using reasonable efforts to facilitate the family's transition and reduce acrimony by helping the parties improve their communication skills; focussing on the child's needs and areas of stability; developing a comprehensive parenting agreement that addresses each child's current and future developmental needs; and controlling for potential power imbalances between the parties during mediation.
A mediator is also required to complete a minimum of 40 hours of custody and visitation mediation training within his or her first six months of employment as a court-connected mediator. Ethical standards are also set out. For example, these mediators must meet the standards of the Code of Ethics for the Court Employees of California ; they must maintain objectivity, provide and gather balanced information for both parties and control for bias; and they must operate within the limits of their training and experience and disclose any limitations or bias that would affect their ability to conduct the mediation.
It should also be noted that Janet Johnston, an expert in high-conflict divorce cases, has proposed guidelines for custody and visitation for cases with domestic violence in California. These guidelines have been incorporated into Idaho's Protocol for high-conflict families Johnston, They are set out in this paper's later discussion of "Options for Consideration. Johnston and Roseby describe the "parent coordinator model" as follows:. This approach provides highly conflicted families with an appointed co-parenting coordinator to help the parents make ongoing decisions about their children over the long term This new kind of professional role has been developing in a number of jurisdictions across the United States and is variously named: special master in California , wiseperson in New Mexico , custody commissioner in Hawaii , and co-parenting counselor or med-arb in Colorado.
The role of the guardian ad litem is being expanded to include this function in some places.
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Either a mental health professional experienced with custody matters or a well seasoned family law attorney may be used as a co-parenting arbitrator. The common distinguishing feature of this new species is that the co-parenting coordinator is usually, but not always, given some kind of arbitration powers by stipulation of the parties or by court order.
In general, this is not a confidential service, and the appointed person may need to report to the court if his or her arbitrated decision is challenged in court. There are two co-parenting arbitration models. In the first model, the co-parenting arbitrator is called on to arbitrate only when the parents cannot settle a specific dispute. The arbitrator does not perform counselling or therapeutic functions for the family.
In the second model, co-parenting coordinators act as the parenting counsellor, mediator or child therapist in an ongoing way, and exercise their right to arbitrate only when the parents fail to agree on a specific matter. Both models, however, share common elements. To institute a co-parenting arbitrator, an explicit written contract with the parents, their attorneys, and other relevant persons is drawn up, signed by the parties and filed with the court. The contract should include how the arbitrator is to be chosen or appointed and how the arbitrator is to be terminated; the specific domains in which the arbitrator is to make decisions and the limits of his or her powers; the methods of conflict resolution the arbitrator may use; the procedure for bringing an issue before the arbitrator for a decision; the permissible lines of communication by which the arbitrator may gather information; who pays for the services of the arbitrator and when and how; how and when the arbitrator's decision is to be made into a court order; and the procedure for challenging the arbitrated decision in court Johnston and Roseby, Typically, the parent coordinator is a neutral third party, either a therapist, mediator, or attorney, who assists the parties in creating, maintaining, modifying and monitoring compliance with a parenting plan.
The process is child-centered and typically not confidential; i. The parent coordinator may also perform an investigator function, meeting with therapists, schools, family members and others in order to understand the family's dynamics and points of impasse Sydlik and Phalan, There is not yet a statutory framework for the parenting coordinator model in any state. Colorado appeared to be the only state that attempted to legislate this position, but the proposed legislation was withdrawn because of opposition by the state bar that too much authority was being given without adequate judicial review.
The proposed legislation also would have allowed the court to appoint a parenting coordinator over the parties' objections if the court found that "the parenting issues in the case are complicated, that the parties demonstrate a pattern of high conflict, or that such other conditions exist to warrant the appointment" Sydlik and Phalan, Typically, the FCAs are mental health clinicians. Judges rely heavily on the ability to refer parents with unresolved issues to the FCAs.
The characteristics of the FCA role include:. Arizona has this kind of model. Under Arizona law, each county treasurer must establish an expedited child support and visitation fund consisting of monies received from court filing fees.
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In Mariposa County, Arizona, when support orders are violated a parent may file a petition with the Expedited Support Enforcement Office. Within days of filing, there is an administrative conference with a Support Enforcement Officer SEO , who makes recommendations to the court and who may be compelled to testify. The court enters an interim order. Objections are required within 25 days. A caseworker may monitor compliance for six months.
Non-court services that may be recommended by an EVS officer include exchange supervision, physical supervision, therapeutic supervision for parental alienation reunification cases and counselling Sydlik and Phalan, In Michigan, Friend of the Court Offices were created throughout the state in Michigan enacted legislation to empower the Friend of the Court with authority to ensure compliance with support and parenting time orders.
In a dispute involving the parenting time of a minor child, the Friend of the Court must act in one or all of three ways. First, he or she can apply a make-up time policy if a non-custodial parent is wrongfully denied parenting time by the custodial parent. Third, the Friend of the Court may petition the court for a modification of existing parenting time, unless contrary to the best interest of the child Sydlik and Phalan, ; Michigan Compiled Laws, Support and Parenting Time Enforcement Act , ss.
Another court-connected enforcement model is the special master. The Oregon Briefing Paper states: "The special master is a more established form of neutral, third party decision maker employed to assist high conflict cases in a number of jurisdictions throughout the [United States]. Various forms of the special master role have been implemented in different jurisdictions, with some of them being more formal, expensive or time-consuming than others.
The special master can also function as a case manager, performing many of the same functions as the parent coordinator position The special master can also obtain releases from the parents to enable discussion with the therapists, school officials, health practitioners and family members. As a case manager, the special master may continue to have a longer term relationship with the family to supervise and monitor issues as they arise. Sometimes a special master functions in a more formal manner with powers akin to those of an arbitrator.
While the special master may initially make some dispute resolution attempts, if the parties cannot agree, the special master enters a binding decision which is subject to review only for the abuse of discretion or for excessive use of powers, never simply because a parent dislikes the outcome.
The procedure in such cases may have legal and procedural formalities, such as hearings, introduction of evidence, appearance of witnesses, making findings of fact and rendering a record Sydlik and Phalan, 24— In California, two kinds of statutory referees exist. This is a general reference. The referee or master in this case is empowered to make a conclusive determination without further action by the court. Alternatively, a reference may be heard in part when the parties agree "to ascertain a fact necessary to enable the court to determine an action or proceeding" California Code of Civil Procedure , ss.
This is a special reference. The special master here makes advisory findings that do not become binding unless adopted by the court after an independent consideration. However, the recommendations are entitled to great weight. A court may not order parents to a special master over one party's objections when one party objects and the reference is a general one, because it is an unconstitutional delegation of judicial power. However, if the reference is a special one, limited strictly to factual issues and the making of recommendations, the order may be entered even over a party's objection Sydlik and Phalan, 25; Ruisi v.
Theriot , 53 Cal.
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Oregon also has a statutory provision that authorizes an order of reference where the parties consent. However, where the parties do not consent, statutory authorization is restricted.