The PC Process Has Teeth: Understanding Enforcement and Determinations

Parenting Coordination (PC) is often recommended for families trapped in persistent, high-level conflict. While PC is designed to be a flexible, cooperative process, sometimes a parent attempts to obstruct progress to gain a strategic advantage or avoid a difficult decision.

If you are considering PC, or are currently engaged in the process, it’s vital to understand that the system is not fragile. The PC process is structured, authoritative, and backed by the court system to ensure the child’s well-being remains the focus.

PC is Not Just Mediation: The Power of Determination

A common misconception is that PC is simply high-level mediation. It is not. The key difference lies in the PC’s decision-making authority.

• Mediation: Requires 100% agreement from both parties to reach a conclusion.
• Parenting Coordination: Requires good faith participation. When an agreement cannot be reached (or when one party actively obstructs the process), the PC has the authority, granted by your PC Contract or Court Order, to issue a Formal Determination.
  

A Determination is a binding, written decision made by the PC to resolve the specific dispute at hand, whether it involves a holiday schedule, a health care issue, or procedural matters like payment.

When Parents Choose to Obstruct the Process

In high-conflict situations, one parent may try to derail the PC process by using a procedural or financial tactic. Common obstruction attempts include:

• Unilateral Termination: Attempting to fire the PC without the agreement of the other parent or a new court order.
• Refusal to Engage: Ignoring communications, cancelling appointments, or failing to provide necessary information.
• Financial Non-Compliance: Refusing to pay their share of the PC’s retainer or invoices, breaching the foundational contract.
  

These actions are direct breaches of the court order or agreement that initiated the PC process. They are not pathways to evasion—they are pathways to enforcement.

The Consequences of Non-Compliance

A PC cannot simply walk away when fees are unpaid or a party is uncooperative. The PC has an obligation to manage the process fairly and decisively.

1. The PC Focuses on the Determination

When a parent engages in financial non-compliance or persistent refusal to cooperate, the PC will generally shift focus from coaching and mediation to enforcement. This means:

The PC will document the non-compliance (e.g., the unpaid balance, the refusal to attend).
The PC will proceed to issue a Formal Determination specifically addressing the breach. This decision can compel the non-compliant parent to pay the arrears, or it may change the future payment structure (e.g., requiring a larger security deposit or requiring the non-compliant party to pre-pay the entire retainer).
 

2. The Determination is Enforced by the Court
 

The primary purpose of issuing a Determination—even one about finances—is to ensure it can be enforced.

A PC Determination is not automatically a court order, but it is designed to be filed and enforced.
The compliant parent can take the PC's written Determination to their lawyer and file it with the court. Once filed, the Determination is enforced as if it were an order of the court.
This means that a tactic like withholding payment ultimately results in the non-compliant parent facing the court system—the very outcome they were often trying to avoid—to settle a debt, and potentially facing further sanctions.

PC: A Strategic Investment, Not Endless Conflict
 

The value of the PC process lies in its efficiency. While a parent’s attempt to stall the process by withholding $3,000 might temporarily save them money, it forces the compliant parent to spend money to advance the process. However, this is a strategic investment in swift resolution.

By compelling the PC to issue a Determination, the compliant parent receives a binding, court-ready document that resolves the immediate dispute. Paying for this final decision is almost always more efficient and cost-effective than starting from scratch with a new motion in court.

The Parenting Coordination process is robust. Attempts to undermine or obstruct it simply accelerate the process towards a formal, enforceable conclusion, maintaining the focus where it belongs: on implementing the parenting plan and protecting the child’s best interests.