Parenting consultants (PCs) are commonly appointed in Minnesota family cases to make decisions and resolve disputes. PCs serve as a neutral third party, after the issue of a divorce decree, that makes decisions regarding parenting time. A court order is created and must be signed by both parents. Once completed, the decisions made by the PC are binding.
The appointment of a PC lasts to the end of a defined term. The most common duration is two years but can be shorter or last until the children are aged out. PCs can also be limited to a set number of decisions. These limitations are outlined in the court document. An example of such a limitation is the inability to make a decision regarding where a child attends school.
Though a PC is assigned via a court order with language upon which both parties agreed, it is possible for them to be removed. This can involve either parent or even the PC. There are three scenarios of origination for the removal of a PC.
1. The PC leaves or term expires.
Oftentimes, the PC appointment will end by expiration of the term. A PC might also resign. This resignation can be for personal reasons, lack of payment, or find that the parties are too difficult to make the process efficient.
2. Both parties want to remove the PC.
Parties may agree to discharge a PC and select a new one. During the course of these relationships, parents sometimes find it advantageous to move forward with another option if they both feel that the PC is not acting in the best interest of a child.
3. One party wants to remove the PC.
Finally, and more commonly, one of parties may want to part ways with their PC due to being unhappy with the decisions being made. A motion can be made to remove the PC for cause. Typically, the parent can allege that decisions are not being made in the kid’s best interest or the PC is too difficult to work with. These motions, however, are complicated and difficult.
If you are hoping to remove a parenting consultant, it is best to start by consulting a lawyer. Particularly if you are the only parent looking for a replacement, this process can become challenging. It is good to realize that there are options if you feel that the decisions made by a PC is not serving the best interests of your family.
