A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
monitoring, as well as cases in which new parents need to establish healthy
communication skills regarding the care of infants and toddlers. 98
A special master, usually a mental health professional or highly skilled mediator,
can work with the family to facilitate interparty communication, provide
therapeutic intervention, and ultimately mediate an appropriate parenting
agreement. In unresolved cases, the special master has some authority to make
decisions impacting the family, subject to judicial review. As use of special
masters has increased, issues have arisen regarding the qualifications of special
masters; ethical considerations given special masters’ multiple roles as therapist,
mediator, and judicial arbiter; and the delegation of decision-making authority to
non-judges.
Parenting Plans
Many courts no longer issue a general order awarding one parent custody of a
child with reasonable visitation to the other. Some believe that these general child
custody awards do not fully acknowledge the parental role of the noncustodial
parent. 99 Because of their lack of specificity, they also increase the likelihood that
parties will come back to court to litigate visitation rights. 100
In an increasing number of jurisdictions, detailed parenting plans are negotiated.
As part of this process, parents are encouraged to address numerous issues
relevant to raising children. For instance, the state of Washington outlines the
procedure for the filing of parenting plans. The code states that two primary goals
of the “permanent parenting plan” are to “[m]inimize the child’s exposure to
harmful parental conflict” and “[e]ncourage the parents, where appropriate . . . , to
meet their responsibilities to their minor children through agreements in the
permanent parenting plan, rather than by relying on judicial intervention.” 101
The agreements viewed as most beneficial to children are ones that “try to
anticipate and reduce conflict, allow for continuing relationships with both parents
and other adults with whom the children have significant bonds, and allow
everyone to find ‘normalcy’ in their new relationships through consistent
routines.” 102 The plans require parents to think about their decision-making
responsibilities relevant to such issues as their children’s contact with parents and
significant others, health care, education, and spiritual needs. 103
Unified Family Courts
Especially over the past decade, judges, court administrators, and others have
come to understand the need for coordinating court and others services for
families experiencing separation and divorce. In many jurisdictions, one family
experiencing a multitude of problems will find themselves in several different
courtrooms in the same jurisdiction. For example, in a case involving domestic
violence, the family might find itself before one court with jurisdiction to issue
restraining orders against an abuser, another court with jurisdiction to rule on
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