In September, the Massachusetts Appeals Court entered a decision regarding the appointment of parenting coordinators in Massachusetts. The underlying case was a modification action regarding the appointment of a parenting coordinator to assist the parties in resolving disputed issues relating to shared legal custody of their children.
In the parties' Separation Agreement, the parties agreed that a certain professional would serve as parenting coordinator for a term of one (1) year, which shall be renewable for successive periods by agreement of the parties. The Separation Agreement also stated that if the parties are unable to agree, the parent coordinator will be determined by the Probate and Family Court. Apparently, this arrangement was successful for approximately 1 ½ years, at which time the mother disagreed with one or more of the parenting coordinator's recommendations. Thereafter, the mother refused to acknowledge this professional as the parenting coordinator. Consequently, father filed a complaint in the Probate and Family Court requesting that the Court appoint a new parenting coordinator. The Probate and Family Court judge dismissed father's complaint allegedly because the judge did not appoint parenting coordinators.
The case was brought before the Massachusetts Appeals Court. The Appeals Court found that the practice of requiring parenting coordinators in a divorce proceeding is established in Massachusetts. See Katzman v. Healy, 77 Mass.App.Ct. 589, 594 n.6 (2010) In the case at hand, the parties contemplated the use of a parenting coordinator beyond the term of one year and provided that if the parties were unable to reach an agreement in regards to the renewal of the parenting coordinator, the parenting coordinator will be selected by the Court. The Appeals Court held that only issue that requires mutual agreement of the parties is the identity of the parenting coordinator and determined that the Separation Agreement requires the continued use of a parenting coordinator. Therefore, the Appeals Court remanded the case to the Probate and Family Court for selection of an alternate parenting coordinator. However, the Appeals Court was clear that while they endorsed the appointment of an alternate parenting coordinator, a judge may reconsider the advisability of a parenting coordinator if a party has demonstrated a material change in circumstances. See Pierce v. Pierce, 455 Mass. 286, 293 (2009).
