Parenting Coordination Rule 909

Coparenting after a divorce or separation may be challenging, and our role is to provide tools to assist in minimizing the conflict. The appointment of a parenting coordinator, pursuant to Illinois Supreme Court Rule 909, is a highly effective tool for coparenting with high-conflict families. 

Rule 909 became effective on May 24, 2023, when the Illinois Supreme Court adopted a statewide framework for parenting coordination in family law cases. This rule originated as a proposed idea by the Illinois State Bar Association. Rule 909 provides a structured approach for courts to appoint and utilize parenting coordinators to help co-parents who struggle to make decisions about their child amicably. The court's goal in adopting this rule was to assist trial courts in handling high-conflict divorces while minimizing the impact of litigation on children. Parent coordination is defined under Rule 909(b) as a child-focused alternative dispute resolution process. It is conducted by a licensed mental health or family law professional who assists in education, case management, conflict management, dispute resolution, and decision-making functions.

Parent coordination helps co-parents who are unable or unwilling to cooperate in communicating effectively, making parenting decisions, or even complying with parental agreements or orders. Having a third party help you and your co-parent coordinate effective resolutions to parental conflict can help protect your child from the impacts arguing may have on them.

A parenting coordinator, PC, is defined under Rule 909(b) as "the person appointed by the court to perform duties of parenting coordination as set forth in this rule." Typically, Parenting Coordination begins with a court order appointing a PC. Rule 909 provides a road map of the process for the PC and the parties.

Rule 909 (b) states the PC's work includes four goals:(1) assisting co-parents with clarifying, implementing, and complying with their parenting plan orders; (2) helping parents reduce misunderstandings, clarify priorities, explore possibilities for compromise, and develop methods of collaboration in parenting their children; (3) educating coparents about their children's needs in order to make timely and appropriate decisions in a manner consistent with the children's developmental and psychological needs; and (4) timely resolving conflicts that may arise concerning parenting plans in order to reduce the amount of damaging conflict between coparents to which children are exposed and diminish a pattern of unnecessary relitigation about child-related issues.

The appointed PC may be authorized by the court to make recommendations regarding an array of topics involving your child and parenting. This can include issues with the parenting schedule, pick-up or drop-off, payments of expenses, etc. It is important to note that the PC's scope of decision-making is defined by Rule 909, and any matter not addressed within the rule is not considered.

A PC may not make any recommendations towards the allocation of parenting time, allocation of parental responsibilities, allocation of property, child support, relocation, maintenance, or visitation by non-parents. Instead, a judge will make this decision if both parents cannot agree and resolve the matter amicably.

The court order you receive appointing the PC should specify what duties apply in your case. Within rule 909 (e), PC's have five duties listed: (1) monitor parental behaviors, including their compliance or lack thereof, with orders entered in their case by the court; (2) mediate, and make recommendations with respect to, disputes between the coparents upon request of a coparent or court order; (3) make recommendations to the coparents for outside resources as needed and/or guidelines or rules for communication between the coparents; (4) document allegations of noncompliance for the court; and (5) make recommendations to the court upon proper notice and petition.

What to do if you or your co-parent is not in agreeance with the PC's recommendations? Under Rule 909(k), both parents must comply with the PC's recommendations unless an issue is brought to the court's attention. The court may have a hearing regarding a recommendation any parent disagrees with so long as it is (1) in contravention of the child(ren) 's best interests; or (2) outside the scope of the authority granted to the parenting coordinator under this rule, the applicable local circuit court rule(s), or the court order appointing the parenting coordinator.

Generally speaking, if a PC is unable to resolve conflict, the parties may petition the court to review the PC's recommendations. Note that the court will review the recommendations with the child's best interest in mind.

Ultimately, after a PC is appointed to your case, the goal is that, through working with them, you and your co-parent will no longer require their services and can resolve disagreements amicably.

Parenting coordination has become a powerful and effective tool for families struggling to navigate co-parenting after a separation or divorce, and it has been successfully used to support them. Using cooperative co-parenting techniques can strengthen parenting, foster stronger relationships, and ultimately create consistency and stable support for children.

With every family situation being unique, parenting coordination provides a structured framework to address conflicts between co-parents. The Law Office of Erin M. Wilson has experienced attorneys who often serve as parent coordinators. If you have any questions about parent coordination, you may contact The Law Office of Erin M. Wilson, LLC, for a consultation, where we can provide support and guidance throughout this process.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.