Ill. R. Cir. Ct. Lake Cnty. 4-3.20

As amended through September 23, 2024

Rule 4-3.20 - Appointment of Parenting Coordinator

A. The Presiding Judge of the Family Division ("Presiding Judge") shall prepare a list of qualified Parenting Coordinators in accordance with the requirements of Illinois Supreme Court Rule 909 and the provisions and standards set forth in this Rule in the interest of maintaining the highest levels of competence and professionalism. The list shall be referred to as the 909 Appointment List and shall be submitted to the Chief Judge, who shall have the discretion to include or remove persons from the 909 Appointment List at any time, or to waive any of the requirements of this rule, when necessary to promote the highest standards of competency.

B. Membership on the 909 Appointment List shall be by approval of the Chief Judge as provided by Rules of the 19^th Judicial Circuit Court.

C. An applicant denied inclusion on, or removed from the 909 Appointment List, may appeal the decision to deny the inclusion or removal in writing within ten days of the decision to the Chief Judge. The Chief Judge shall decide the appeal after an opportunity for the applicant or member to be heard. The decision of the Chief Judge shall be final. The list shall be reviewed in every even numbered year.

D. Any applicant must meet the following criteria to be eligible to serve as a Parenting Coordinator for the purposes of this Rule:

1. Have an active license to practice law in the State of Illinois and be in good standing with the Illinois Supreme Court or possess a master's degree in social work, psychology, counseling or higher, or an equivalent degree in a related field and presently licensed to practice in said field in the State of Illinois.

2. For applicants who have a license to practice law in the State of Illinois, have practiced law for minimum of five years and a majority of the applicant's practice during the past five years has been in family law or a related field.

3. For applicants who are mental health professionals as detailed in paragraph D(1), have five years of experience in said field.

4. Prior to the initial appointment to the 909 Appointment List, attend and complete the biennial Lake County Bar Association ("LCBA") Combined GAL and Parenting Coordinator training or another Parenting Coordinator training approved by the Presiding Judge of Family Division, which shall include training on the topics of domestic violence, psychological issues, the needs of children in cases of family separation and family dynamics. Any other alternative training sought to be approved for selection as a Parenting Coordinator pursuant to this rule shall include, at a minimum, an equal number of hours of training to the LCBA Combined GAL and Parenting Coordinator training. For any other training, approval of the course with syllabus must be approved by the Chief Judge. While training is pending, the Presiding Judge may create an interim list of candidates subject to the approval of the Chief Judge who fulfill all other requirements of this rule.

5. Provide proof of professional liability insurance, with satisfactory coverage for liability in the nature of parenting coordination.

6. Submit to an interview, as requested.

E. All applicants who meet the above requirements and desire appointment as a parenting coordinator, shall complete the Nineteenth Judicial Court Parenting Coordinator Application and provide the requisite supporting documents to the Presiding Judge, or to the person otherwise designated by the Chief Judge.

F. Any attorney who is appointed as a Parenting Coordinator shall perform the following minimum duties and responsibilities:

1. Adhere to all ethical rules governing parenting coordinators, be mindful of any conflicts and take appropriate action to address such conflicts.

2. Investigate, and render recommendations with respect to disputes between the parties upon request of a party or court order.

3. Direct the parties to outside resources as needed to facilitate the implementation of recommendations.

4. Provide guidelines, rules, or strategies for the parties to facilitate the implementation of recommendations.

5. Take reasonable steps to investigate the issue and dispute, including but not limited to providing the Parenting Coordinator access to the child(ren) and/or other individuals as requested by the Parenting Coordinator and review of financial documentation, if required by the issue/dispute.

6. Submit a timely written decision to the parties after receipt of all information needed to make a recommendation subject to Paragraph N herein.

7. Upon proper notice and petition, provide findings and written recommendations to the Court as may be ordered by the Court.

G. A Parenting Coordinator shall not be required to file an Appearance. A Parenting Coordinator should have access to court records involving the parties, including but not limited to the Court's case management system, orders of protection, and civil no contact/stalking orders.

H. A Parenting Coordinator shall be authorized to request financial disclosures so that the Parenting Coordinator can give adequate consideration to the financial component of a disputed issue if deemed necessary (which may include a tax return or current Financial Affidavit with supporting documents required by local court rule).

I. It is the intention of this Local Rule that a Parenting Coordinator may be appointed, if deemed necessary by the Court or by agreement of the parties, only after the entry of an initial final Allocation Judgment or upon the modification of such. The Court shall not appoint a Parenting Coordinator in pre-decree proceedings under this Local Court Rule.

J. Limitations. A Parenting Coordinator shall not make recommendations as to the following:

1. Allocation of parental responsibilities for decision making.

2. Initial allocation of parental responsibilities for parenting time and any allocation of parenting time beside minor alternations described in paragraph (f) of Illinois Supreme Court Rule 909.

3. Relocation.

4. Establishing visitation by a non-parent.

5. Child support, spousal maintenance, or the allocation of property or debt of the marriage.

K. Fees. Parenting Coordinator shall set their retainer and the replenishment thereof, both of which shall be set in the Parenting Coordinator Order upon appointment. Parenting Coordinator shall set their own hourly rate. The Court shall set the apportionment of the Parenting Coordinator retainer and fees between the parties unless the parties agree to an allocation in writing. Parenting Coordinator may pursue enforcement of his or her fee arrangement at any time with petition and proper notice to the Court of appointment.

L. Communications with the Parenting Coordinator shall not be confidential, except as provided by another Rule, statute, or by court order in a case involving the same coparents. No ex parte communication by the Parenting Coordinator with the court shall be permitted. A Parenting Coordinator shall have the same immunity provided to all other professionals appointed under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506).

M. Term of Parenting Coordinator. Once the Parenting Coordinator Order is entered and the appointment has been accepted by the Parenting Coordinator, the appointment shall continue until resignation of the Parenting Coordinator, written agreement of the parties, or entry of Court Order, whichever first occurs. The Parenting Coordinator may withdraw from services at any time, upon ten business days' written notice to the parties. Upon resignation of the Parenting Coordinator, the Court may appoint a new Parenting Coordinator upon notice and petition by one of the parties.

N. Recommendations.

1. Recommendations of the Parenting Coordinator are immediately effective. Such recommendations shall be communicated in writing to all parties and shall be treated as an Order of the Court, unless otherwise Ordered by the Court pursuant to Paragraph N(3).

2. The parties may submit the recommendations to the Court for entry as an Agreed Order but the Parenting Coordinator is not required to do so.

3. A party may file a motion for review of a recommendation(s) pursuant to Illinois Supreme Court Rule 909(l) within thirty (30) days of the recommendation being issued in writing, and the circuit court shall review the recommendation(s) at issue under a de novo standard of review. If a coparent files a motion for review and the Court substantially affirms the recommendations of the parenting coordinator, the Court may order the coparent opposing the recommendations to pay both coparents' reasonable attorney fees and costs incurred in connection with the issue brought before the Court pursuant to the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 2015 (750 ILCS 5/508; 750 ILCS 46/802).

O. The Parenting Coordinator shall not serve as a child representative, guardian ad litem, or custody evaluator in any proceeding involving one or more of the parties for whom the Parenting Coordinator has provided parenting coordinator services. A person cannot serve as a Parenting Coordinator if he or she has served as child representative, guardian ad litem, or custody evaluator in a proceeding involving one or more of the parties for whom parenting coordination services are sought unless the parties otherwise agree to such.

Ill. R. Cir. Ct. Lake Cnty. 4-3.20

Adopted effective 3/11/2024.