Summary of Process:
When married or unmarried parents separate or divorce, agreements must be
reached regarding appropriate time-sharing plans for children, and decisions must
be made as to the care and upbringing of the children. These are frequently
difficult and emotional issues for parents to sort out in the midst of their divorce. Research has shown that mediated settlements to child custody disputes
encourage both parents to remain in their children’s lives after divorce without
increasing co-parenting conflict. Allowing others to impose a ruling frequently
never ends the conflict, and studies show that settlements negotiated by divorcing parents work better than those imposed upon them by the court.
Settlement-Focused Parenting Plan Consultation (SFPPC) is a hybrid alternative
dispute resolution model that blends the advantages of child custody evaluations,
mediation, and collaborative practice. It is a confidential, voluntary procedure,
which is mediative in nature and occurs outside of the court system. Dr. Sanders
brings his expertise as a clinical child psychologist, forensic child custody
evaluator and Rule 31 Listed Family Mediator approved by the Tennessee
Supreme Court. The purpose of this program is to involve a child custody or
parenting evaluation expert at the beginning of the process to offer solutions,
rather than later in the process as often occurs during a traditional contested
custody “dispute.” The goal of these consultations is to avoid the acrimony,
hostility and expense frequently associated with declarations, depositions,
retention of adverse experts, and trial used in a traditional custody litigation
process.
SFPPC assists parents, and their attorneys, in deciding upon appropriate time-
sharing plans for their children. To achieve this goal, the consultant conducts a
series of interviews with all family members and gathers additional information from reviewing records and interviews with collateral sources. The consultant
then provides input and assistance to parents and their counsel in the following areas:
• A summary of the special, post-divorce needs of each child, based upon
his/her developmental age and unique personality
• Education related to enhancing a child’s adjustment to a divorce
• Assistance with conflict disengagement and improved co-parenting
• Assistance to parents in negotiating a parenting plan for their children
SFPPC versus Parenting Evaluation:
Parenting evaluations can yield a number of benefits to families. They are
especially helpful when the court needs information regarding the safety of
children in various custody arrangements, such as in cases of physical or sexual
abuse, domestic violence, or severe psychiatric dysfunction, parental substance
abuse or suspected alienation. However, parenting evaluations can sometimes
produce unintended, counterproductive consequences, as when parents disregard
or attack what they don’t like in a report or use it as a potential weapon in a
custody battle. Sometimes they add rather than alleviate tension and hard
feelings.
The biggest difference between the two procedures is that SFPPC is a form of
mediation, and the information gathered during the process is confidential and
utilized for settlement purposes. The consultant, the parties and the attorneys can focus their efforts on designing a parenting plan in the child’s best interest without anxiety about the use of the information in litigation. There is no report, and the only written document may be a parenting plan, which cannot be utilized in court if there is no agreement, but may be adopted as a court order if it is mutually agreeable to both parents. In contrast, if a parenting evaluation report does not lead to a settlement, it may be utilized for litigation purposes, the evaluator’s records and data may be subpoenaed, and the evaluator may be called upon to testify in court regarding the information gathered during the process and recommendations.
SFPPC cost less than half the price of a parenting evaluation and typically can be
completed in 4 to 6 weeks, whereas a parenting evaluation typically takes a
minimum of 10 to 12 weeks.
To initiate a SFPPC, please provide the following to Dr. Sanders at the above
address:
1. Completed and signed Retainer Agreement
2. Endorsed filed copy of the Stipulation and Order re: Parenting Plan
Consultation.
3. Retainer fee
Informed Consent and Structure of the Consultation:
All members of the immediate family will be interviewed, including parents,
children, and possibly stepparents. Below are both standard procedures and
optional procedures which may be utilized in conducting the consultation.
Standard Procedures:
1. Joint conference call with attorneys. The purpose is to discuss the case,
unless parents are self-represented. The attorneys and the consultant will agree
upon the records/documents that will be provided to the consultant to review.
Following the joint conference call with the attorneys, there will typically be no
communication with the attorneys during the information gathering process (with
the exception of scheduling the final feedback meeting). (30 minutes)
2. Joint meeting with both parents. The purpose is to decide upon consultation
procedures, sign consent forms for collateral contacts, obtain brief marital history,
discuss concerns about the children or other parents, and elicit input regarding
possible parenting plans (1.5 hours).
3. Individual interviews with each parent. Topics to be addressed include
pertinent historical information, parent’s concerns about the children’s needs,
assessment of parenting skills, concerns regarding co-parenting with the other
parent, and exploration of parenting plan options (2 hours with each parent).
4. Individual interviews with the children. The purpose of these meetings is: to
assess children’s functioning in the context of the present divorce; to understand
children’s views of each parent’s parenting skills; to assess children’s sense of
security with each parent; and, depending upon the age of the child, to indirectly
explore parenting plan options (Parents alternate bringing the child for two - 1.5
hour sessions).
5. Review of Pertinent Records. These records can be provided by parents or
their attorneys at the beginning of the consultation process or during the
information gathering stage as agreed upon. Copies of the records provided by a
parent or his or her attorney should simultaneously be delivered by the parent or
attorney to the other parent or attorney unless otherwise agreed.
6. Collateral Contacts. These will typically be limited to teachers, child care
providers or babysitters, and mental health professionals working with any family
members.
7. Consultation/feedback meeting with attorneys and parents. The purpose is to
present feedback to parents regarding how their children are handling the divorce, and to elucidate factors which will enhance their adjustment to the divorce in the future. Parenting plan options will be presented with their advantages and
disadvantages, and the consultant will assist parents and their counsel in
mediating a settlement regarding a parenting plan, (2-3 hours).
8. Brief, written parenting plan. Following the final meeting, the consultant will
prepare a brief written parenting plan, unless the parents and attorneys opt to not have this document completed. The brief written document will specify the
parenting plan agreed upon in the feedback meeting, and if mutually agreeable to
both parents, can be adopted as a court order. In the absence of an agreement,
the document will specify the consultant’s best parenting plan recommendation. A
written document will be provided within one to two weeks after this final meeting. A written parenting plan will only be completed upon the joint agreement of both
parents, so that it is not used as a litigation tool.
Optional Procedures:
Use of any of these optional procedures must be agreed upon by both parents in
advance.
1. Home visit.
2. Psychological testing of parents or child, if requested and agreed upon by
parents. This may also include assessment of a possible learning disability
or emotional problem.
3. Drug or alcohol abuse assessments, if there is supporting evidence of such a
problem.
4. Follow-up consultation.
Confidentiality and Privacy:
SFPPC is considered mediation and as such is subject to privilege. Thus, all
communications, information from interviews and collateral contacts, psychological
testing, negotiations, or settlement discussions by and between participants in the course of a parenting plan consultation shall remain confidential. The parents will also not be able to call the consultant as a witness in court proceedings. Prior to commencement of the consultation, parents and attorneys will sign a stipulation that they agree to these confidentiality and privacy policies and submit the stipulation to the court for an order. If the parents do not reach a settlement based on the parenting plan consultation and wish to pursue a court-ordered child
custody evaluation, the consultant will not perform the child custody evaluation. No information from the parenting plan consultation will be disclosed to a third party, without written permission of both parents.
In addition, certain limitations to confidentiality will apply according to Tennessee
State Law, in which the psychologist has a duty to report information concerning: a credible threat to harm self or others; and elder and/or child abuse, which includes sexual abuse, physical abuse, and neglect.
Fee Schedule:
The cost for this service generally ranges from $4000 to $5000, depending upon
the number of children, procedures utilized, etc. A retainer is required, and
services are charged against the retainer at a rate of $300 per hour. This includes
time spent in office interviews, telephone interviews with collateral contacts,
document review, psychological test administration, scoring, or interpretation,
home visits, and feedback meetings. Any travel time is billed at a rate of $150.00
per hour. Prior to the initial interviews, the following retainer fees are to be
advanced to the consultant in the form of a cashier’s check, money order, PayPal
or credit card:
Retainer fee for one child: $4000.00
Retainer fee for two children: $4500.00
Retainer fee for three children: $5000.00
Retainer fee for four children: $5500.00
Fee for each stepparent/significant other: $500.00 (add to retainer fee)
Fees for optional services, including drug or alcohol testing fees, shall be paid by
the parent(s) and allocated between them as agreed upon. Please contact Dr.
Sanders prior to submitting the retainer agreement if optional services will be
utilized, so that an appropriate retainer for the optional services can be agreed
upon.
Any additional fees not covered by the retainer will be billed and must be paid prior to the final consultation/feedback meeting. If a brief written parenting plan is requested, the parents will be notified of the cost for the written plan, which must be paid prior to preparation of the written parenting plan.
Appointments or meetings must be canceled 24 hours in advance. Cancellations
less than 24 hours in advance will be billed to the person who failed to keep the
appointment or meeting.
(Rates effective for cases beginning in January 2016)
Retainer Agreement Settlement-Focused Parenting Plan Consultation Conducted by Michael W. Sanders, PhD
We agree that:
1. We have received, read, understand, and agree to the Stipulations for the
Parenting Plan Consultation process and the Informed Consent Regarding
Parenting Plan process. We have had sufficient opportunity to consult with
counsel.
2. The Settlement-Focused Parenting Plan Consultation is a mediation
process protected by privilege. All communications, information from interviews
and collateral contacts, psychological testing, negotiations, or settlement
discussions by and between participants in the course of a parenting plan
consultation shall remain confidential. The consultant cannot be called as
witness in any litigation.
I understand that certain limitations to confidentiality will apply according to
Tennessee State Law, in which the psychologist has a duty to report information
concerning: credible threats to harm self or others; elder and child abuse, which
includes sexual abuse, physical abuse, and neglect.
3. We agree that Settlement-Focused Parenting Plan Consultation fee of
$_________ shall be paid _____ % by Father and ______% by Mother. A retainer of $_____________ is enclosed.
4. The following optional services shall be provided: _______________________
Fees for the optional services shall be paid _____ % by Father and ______% by
Mother:
__________________________ ___________________________ ______
Mother’s Name (print) Mother’s Signature Date
Day phone: ____________________ Evening phone:_____________________
Email: ___________________________________________________
__________________________ _____________________________ _____
Father’s Name (print) Father’s Signature Date
Day phone: ___________________ Evening phone:______________________
email_________________________________________________________