McLean County Divorce -- Bloomington Law Group LLC: New Parenting Coordination Rule in Bloomington Illinois Divorces

Saturday, March 9, 2013

New Parenting Coordination Rule in Bloomington Illinois Divorces

ELEVENTH JUDICIAL CIRCUIT COURT RULE 120

Effective January 1, 2013.

D. Parenting Coordination in Dissolution and Family Cases (McLean County)

In an effort to provide the citizens of the Eleventh Judicial Circuit with an expeditious and expense saving alternative to traditional litigation in the resolution of high conflict custody and visitation cases, a program of Parenting Coordination is hereby established in McLean County.

1. Appointment - The Court may appoint a parenting coordinator when it finds the following:

a. The parties failed to adequately cooperate and communicate with regard to issues involving their children, or have been unable to implement a parenting plan or parenting schedule;

b. Mediation has not been successful or has been determined by the judge to be inappropriate; or

c. The appointment of a parenting coordinator is in the best interests of the child or children involved in the proceedings.

Notwithstanding the above, the court may appoint a parenting coordinator by agreement of the parties.

2. Qualification - The parenting coordinator shall possess the Minimum Qualifications of Matrimonial and Family Dispute Mediators which have been established by the Chief Judge of the Eleventh Judicial Circuit.

3. Confidentiality - Communications with the parenting coordinator shall not be confidential, except that upon the agreement of both parties and the parenting coordinator, the court may deem all or any specific part of the communications with the parenting coordinator to be confidential, if such designation appears to be in the best interests of the children.

4. Duties:

a. The parenting coordinator shall educate, mediate, monitor court orders and make recommendations to the court as necessary. In addition, the parenting coordinator may recommend approaches that will reduce conflict between parents and reduce unnecessary stress for the children.

b. The parenting coordinator may monitor parental behaviors and mediate disputes concerning parenting issues and report any allegations of noncompliance to the court, if necessary.

c. The parenting coordinator shall recommend outside resources as needed, such as random drug screens, parenting classes and psychotherapy.

d. The parenting coordinator may recommend detailed guidelines or rules for communication between parents.

e. The parenting coordinator shall maintain communication among all parties by serving, if necessary, as a conduit for information.

f. The parenting coordinator may meet with the parties, the children, and significant others jointly or separately. The parenting coordinator shall determine if the appointments shall be joint or separate.

g. Each parent should direct any disagreements or concerns regarding the children to the parenting coordinator.

h. The parenting coordinator shall work with both parents to attempt to resolve the conflict and, if necessary, shall recommend an appropriate resolution to the parents.

i. The parenting coordinator shall not have any decision-making authority which is the sole province of the court.

j. The parenting coordinator shall not serve as a custody evaluator in any proceeding involving one or more parties for whom the parenting coordinator has provided parenting coordination services.

k. The parenting coordinator shall not be permitted to give a recommendation or opinion concerning the ultimate issue of fact, law, or mixed issue of fact and law as to child custody, primary physical residence, or visitation. Recommendations or opinions on lesser issues, as stated above, may be conveyed by the parenting coordinator to the parents and the court.

l. No parenting coordinator shall be held liable for civil damages for any act or omission in the scope of the parenting coordinator's employment or function, unless such person acted in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of the rights, safety or property of another.

5. Expenses of the Parties – Expenses of the Parent Coordinator shall be borne by the parties and shall not be assessed against or paid for by McLean County.

Call us to schedule a consultation if you have any questions about these issues!

--
Jon D. McLaughlin

(309) 319-6206

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Bloomington Illinois Divorce Attorney -- Jon D. McLaughlin

I grew up in Provo, Utah, but moved to Oklahoma in order to finish my bachelor’s degree in philosophy and ancient greek at Oklahoma State University. I then attended law school at the University of Illinois. While in law school, I was an Associate Editor of a journal published by the university. Also during this time, I worked for law firms in Tulsa, Oklahoma, and Indianapolis, Indiana, and for the Honorable Joe McDade (a Federal Judge, sitting in Peoria).

While still in law school, the Illinois Supreme Court allowed me to practice law and represent clients under Rule 711. This allowed me to gain valuable experience, early on, that has served me well in my subsequent practice.

After law school, I moved to Bloomington, Illinois, and have been practicing law here since that time. While I have handled business transactions and litigation in the past, some involving more than $10,000,000, I now limit my practice to family law matters. I handle divorce, custody, child support, visitation, and other matters that require the court’s attention. I have had much success in getting my clients promising results because of my firm and aggressive approach.

I am a Guardian ad Litem, which means that the courts appoint me to investigate child custody, visitation, and other matters. These appointments have helped me become a better advocate for children and to toughen my position in fighting for my clients.

I am a Mediator, approved by the Eleventh Judicial Circuit of Illinois, to conduct court-ordered Custody Mediation for parties who are in the midst of custody and/or visitation disputes in the Bloomington-Normal area. In addition to being certified to mediate custody and visitation issues, I am also certified to mediate financial issues in divorce and family law cases in McLean County. These issues include Child Support, Maintenance (Alimony), the assets and debts of the parties, and other matters relating to the financial side of family law cases. I am also a member of the Mediation Council of Illinois. Due to my experience in the area, I am able to advise my clients as to how they can achieve the best results in mediation. In the Eleventh Circuit, mediation is mandatory in visitation and custody disputes. Therefore, it is important to be well-advised when participating in mediation and negotiating a possible resolution to your case.

The majority of my cases are tried in McLean County; however, I also practice in other surrounding counties.

Associations and Memberships: McLean County Bar Association (Treasurer, 2009-2010); ABC Counseling (Board of Directors, 2009-Present); Illinois State Bar Association.

Publications: Mandatory Arbitration Clauses in Employee Manuals, 44 Lab. & Emp. L. (Ill. Bar Assoc., Springfield, Illinois), December 2006; Extinguishing Pension Plans by Partial Termination & Aggregation, U. Ill. J. Bus. L. Soc’y (Feb. 1, 2007); What Relevance Does The ADA Have To HIPAA-Regulated “Bona Fide Wellness Programs”?, U. Ill. J. Bus. L. Soc’y (Feb. 10, 2007); Damages in Delayed Construction Claims, 36 Colo. Law. 17 (March 2007); Disciplining Attorneys and Other FSLA-Exempt Employees for Attendance Problems, Ill. Bar J. (Nov. 2007); Using Altman's Z-Score to Synchronize the Watches of Courts, Directors, Creditors, and Shareholders, 31 Hamline L. Rev (August 2008). Asked and Answered: Will I Lose my Stepchildren?, Ill. Bar J. (Jan. 2009).

Presentations: Surviving Divorce: Financial Implications, Money Smart Week (Illinois) (Bloomington, Illinois, April 8 and 9, 2008); Will Your Loved Ones Be Left Out, Financial and Legal Challenges Faced by the LGBT Community (Bloomington, Illinois, September 25 and 27, 2008).

I am married and have two energetic and beautiful daughters.