25-4-70. Duties of parenting coordinator.
The court order appointing the parenting coordinator shall specify the scope of the appointment and authority of the parenting coordinator. Additionally, a parenting coordinator may be ordered to do one or more of the following:
(1)Inform the parties of the role of the parenting coordinator;
(2)Monitor implementation of a voluntary or court-ordered parenting plan, the schedule, or parenting time issues provided such resolution does not involve a substantive change to the court's order;
(3)Recommend strategies for implementing the parenting plan or resolving other parenting issues that may be impacting the parenting plan;
(4)Assist the parties in developing communication and cooperation for the purpose of effective co-parenting of the children;
(5)Assist with implementation of court orders and make recommendations to the court regarding implementation, clarification, modification, and enforcement of any temporary or permanent parenting time orders;
(6)Exclude counsel for the parties from participating in any parenting coordinator sessions;
(7)Implement domestic violence safeguards as the court deems necessary. For example, ordering no direct communications or no joint meetings, ensuring compliance with all provisions of any protection order or order in a criminal proceeding;
(8)Document the services provided and record agreements reached;
(9)Recommend appropriate community resources to one or both parents;
(10)Educate the parties to effectively parent in a manner that minimizes conflict, develops appropriate parenting skills, identifies sources of conflict, and works to lessen the effect of conflict on the children;
(11)Make recommendations on the day-to-day issues experienced by the parties;
(12)Act to empower the parties in resuming parental controls and decision-making, and minimize the degree of conflict between the parties for the best interests of the children;
(13)Facilitate the ability of both parents to maintain ongoing relationships with the children;
(14)Only with the prior consent of the court as specified in the order of appointment, make limited decisions subject to review by the court upon motion of the parties as specified in the order of appointment. By way of example only, these issues include disagreements around exchanges, time-sensitive issues, holiday scheduling, discipline, health issues, school and extracurricular activities, and managing problematic behaviors by the parents or children; and
(15)Interview law enforcement, social workers, health care providers, daycare providers, teachers and family members as necessary to fulfill the terms of the court order. The parties shall be required to sign releases authorizing the parenting coordinator to speak to specific third parties about specific events.
A parenting coordinator shall not have the authority to make any decision affecting child support, a change of custody, or a substantial change in parenting time.
The order appointing the parenting coordinator shall provide direction to the parenting coordinator regarding information or records, if any, which the parenting coordinator is to file with the court. The parenting coordinator shall not engage in ex-parte communication with the court and all documents sent to or filed with the court shall also be sent to the parties in the case.
Source: SL 2013, ch 268, ยง7 (Supreme Court Rule 13-07), eff. July 1, 2013.
Structure South Dakota Codified Laws
Chapter 04 - Divorce And Separate Maintenance
Section 25-4-1 - Marriage dissolved only by death or divorce--Status of parties after divorce.
Section 25-4-2 - Grounds for divorce.
Section 25-4-3 - Adultery defined.
Section 25-4-4 - Extreme cruelty defined.
Section 25-4-5 - Willful desertion defined--Special conditions applicable.
Section 25-4-8 - Refusal of intercourse as desertion--Refusal to live together.
Section 25-4-9 - Desertion by departure during absence of spouse induced by fraud.
Section 25-4-10 - Desertion by cruelty or threats causing departure of spouse.
Section 25-4-11 - Separation by consent not desertion.
Section 25-4-12 - Intent to desert formed during proper absence.
Section 25-4-13 - Desertion by refusal of reconciliation after separation.
Section 25-4-14 - Offer to return curing desertion--Refusal of offer as desertion.
Section 25-4-15 - Willful neglect defined.
Section 25-4-16 - Habitual intemperance defined.
Section 25-4-17 - Continuous period of desertion, neglect, or intemperance required.
Section 25-4-17.1 - Irreconcilable differences defined.
Section 25-4-17.3 - Use of affidavits to establish jurisdiction and grounds for divorce.
Section 25-4-17.4 - Validation of divorce granted without personal appearance.
Section 25-4-18 - Chronic mental illness as discretionary ground.
Section 25-4-19 - Grounds for denial of divorce.
Section 25-4-20 - Connivance defined.
Section 25-4-21 - Collusion defined.
Section 25-4-22 - Condonation defined--Required elements.
Section 25-4-24 - Fraudulent concealment of ground of divorce avoiding condonation.
Section 25-4-25 - Conjugal kindness as condition subsequent to condonation.
Section 25-4-26 - Revocation of condonation and revival of ground for divorce.
Section 25-4-30 - Residence requirements for divorce or separate maintenance.
Section 25-4-30.1 - Venue of action--Change by defendant.
Section 25-4-33.1 - Automatic temporary restraining order upon service.
Section 25-4-35 - Validity of proceedings on service by publication under prior law.
Section 25-4-38 - Alimony pending action.
Section 25-4-39 - Separate maintenance granted on denial of divorce.
Section 25-4-40 - Action for separate maintenance without divorce--Alimony and support.
Section 25-4-41 - Allowance for support when divorce granted.
Section 25-4-44 - Division of property between parties.
Section 25-4-45 - Child custody provisions--Modification--Preference of child.
Section 25-4-45.1 - Fault not considered in awarding property or child custody--Exceptions.
Section 25-4-45.5 - Consideration of domestic abuse and assault conviction in custody award.
Section 25-4-45.6 - Consideration of conviction for death of other parent in custody award.
Section 25-4-45.8 - Consideration of reporting abuse falsely or without good cause in custody award.
Section 25-4-47 - Restoration of former name to wife--Validation of prior decrees.
Section 25-4-51 - Report of divorces to department of health.
Section 25-4-52 - Visitation rights for grandparents--Enforcement by circuit court.
Section 25-4-54 - Visitation rights of grandparents--Child placed for adoption.
Section 25-4-55 - Exclusion of child from custody proceedings.
Section 25-4-57 - Court appointment of mediator.
Section 25-4-58 - Adoption of court rules establishing minimum qualifications of mediator.
Section 25-4-58.1 - Minimum qualifications for family court mediators.
Section 25-4-58.2 - Conduct of Family Court Mediators.
Section 25-4-59 - Privacy of mediation proceedings.
Section 25-4-60 - Confidentiality of mediation communications and mediator's work product.
Section 25-4-61 - Written mediated agreement--Signing--Court approval.
Section 25-4-62 - Recommendation by mediator to court upon parties' failure to agree.
Section 25-4-63 - Custody and visitation disputes--Appointment of parenting coordinator.
Section 25-4-64 - Parenting coordinator appointment at party request or on court's own motion.
Section 25-4-65 - Qualifications of parenting coordinator.
Section 25-4-66 - Appointment upon consent of parties.
Section 25-4-67 - Parenting coordinator application form.
Section 25-4-68 - Term of parenting coordinator--Resignation--Discharge.
Section 25-4-69 - Parenting coordinator fees and costs.
Section 25-4-70 - Duties of parenting coordinator.
Section 25-4-71 - Attorney and parenting coordinator fees related to motion.
Section 25-4-72 - Authority of court.
Section 25-4-73 - Standards of conduct for parenting coordinators.
Section 25-4-74 - Communications with parenting coordinator not confidential.
Section 25-4-82 - Time for filing motion for intentional concealment of assets.