Parenting coordination inside the BC court process -Part 6

The honest take: skip the video if you prefer

This explanation reflects the interpretation of the writer only and is not legal advice. Consult a lawyer for an explanation of your own contract. Interpretations may vary, and the BC Court is the ultimate decider of what the terms of a contract mean. This information is offered for general guidance only. If you disagree with anything here, feedback is welcome. Parenting Coordination and the Court System Am I giving up my right to go to court if I sign a Parenting Coordination Agreement? No. Parenting Coordination does not replace the court system. Parents retain access to the courts, but the agreement generally expects them to use the Parenting Coordination process first for implementation issues that fall within the Parenting Coordinator's authority. Why can't I just go straight to court whenever I disagree with the other parent? The purpose of Parenting Coordination is to provide a structured way to resolve implementation disputes without repeated court applications. If parents immediately started court proceedings every time a disagreement arose, Parenting Coordination would have little opportunity to work.  Why does the Agreement discourage court applications about issues already before the Parenting Coordinator? Because having the same issue proceed through both Parenting Coordination and the courts at the same time can create duplication, increased costs, delays, and confusion. The Agreement is intended to prevent parallel processes addressing the same dispute.  Does the Parenting Coordinator replace the judge? No. A Parenting Coordinator is not a judge and does not exercise judicial authority. Parenting Coordinators assist with implementation issues and may make determinations within their delegated authority. The court remains the ultimate authority. What if I think the Parenting Coordinator got it wrong? The Agreement preserves review rights. Parents are not required to agree with every determination, and review mechanisms may be available through the courts where appropriate. Does the court still supervise the process? Yes. The court remains the ultimate supervisory authority. Parenting Coordinators exercise limited delegated authority, while courts continue to oversee matters such as review, enforcement, and issues outside the Parenting Coordinator's jurisdiction.  What kinds of issues still require court involvement? Parenting Coordinators generally address implementation issues within their authority. Matters that fall outside that authority, or that require broader judicial intervention, may still need to be resolved through the court system or another legal process.  If I disagree with a determination, can I simply ignore it and go to court? Generally, no. The expectation is that parents will comply with agreements and determinations while preserving any available review rights. Disagreeing with a determination is not the same thing as it being invalid.  Can I call the Parenting Coordinator as a witness in court? Generally, Parenting Coordinators are not intended to be witnesses or experts in the parents' litigation. Their recommendations, reports, and determinations are intended to stand on their own. The Agreement also contains provisions governing court attendance, file production, and the payment of related fees and legal costs.  Why does the Agreement make it expensive to involve the Parenting Coordinator in court? Because responding to subpoenas, producing records, obtaining legal advice, reviewing files, attending court, and preparing for hearings can require significant professional time and expense. These provisions are intended to preserve neutrality and discourage unnecessary involvement in litigation. What's the key takeaway? Parenting Coordination and the court system are not competitors. Parenting Coordination provides a structured process for resolving implementation disputes, while the court remains available for review, oversight, enforcement, and issues outside the Parenting Coordinator's authority. Parents are not giving up the court system. They are agreeing to use Parenting Coordination first where appropriate.