A Parenting Plan is a way for divorcing (or even divorced)
parents to plan for the parenting of their children after a divorce. This is a
program designed to empower the Court system and parents with the necessary
tools and skills to provide a better comfort level for the children of divorce.
The Parenting Plan recognizes the importance of the parent-child relationship
to the welfare of the child. In most situations, children do best when they
receive the emotional and financial support of both parents. Every component of
the Parenting Plan is designed to focus on the child’s best interest.
Development of a permanent Parenting Plan provides parents with an
opportunity to establish a road map for future parenting of the child. The Plan
can serve as a successful tool in reducing conflict when it is prepared in
thoughtful, rational discussion rather than in heated emotional exchanges. It
removes legal jargon and replaces it with common, everyday terms, and sets the
framework to develop a family reorganization. The Plan can work to preserve
family relationships. It encourages both parents to make their children the
number one priority, and to see the need for the children to maintain a close,
continuing relationship with each parent. The Parenting Plan enables both
parents to remain involved in major decisions including education, religion,
and medical care.
The Parenting Plan attempts to move away from the
concepts of “custody” and “visitation” to emphasize the
concept of “parenting responsibilities.” The overall goal and
objective of the Plan is to lessen the hostility and encourage parents to work
cooperatively in the best interests of their children. As parents working
together, you will make the major decisions including education, religion, and
medical care. You will make the decisions on how to resolve future issues as
you continue to parent your children. Answers to your questions may be found
below.
Click on the appropriate category:
1.
General Questions
2.
Questions
about Seminars
3.
Questions about Mediation
4.
Questions for
Lawyers
a) About
Seminars
b) About
Mediation
5.
Questions for
Clerks
6.
Questions for Judges
Q: What is a Parenting Plan?
A:
A Parenting Plan is way for divorcing (or even divorced) parents to plan for
the parenting of their children after a divorce. This is a program designed to
empower the Court system and parents with the necessary tools and skills to
provide a better comfort level for the children of divorce. The Parenting Plan
recognizes the importance of the parent-child relationship to the welfare of
the child. In most situations, children do best when they receive the emotional
and financial support of both parents. Every component of the Parenting Plan is
designed to focus on the child’s best interest.
Development of a permanent Parenting Plan provides parents with an
opportunity to establish a road map for future parenting of the child. The Plan
can serve as a successful tool in reducing conflict when it is prepared in
thoughtful, rational discussion rather than in heated emotional exchanges. It
removes legal jargon and replaces it with common, everyday terms, and sets the
framework to develop a family reorganization. The Plan can work to preserve
family relationships. It encourages both parents to make their children the
number one priority, and to see the need for the children to maintain a close,
continuing relationship with each parent. The Parenting Plan enables both
parents to remain involved in major decisions including education, religion,
and medical care.
The Parenting Plan attempts to move away from the
concepts of “custody” and “visitation” to emphasize the
concept of “parenting responsibilities.” The overall goal and
objective of the Plan is to lessen the hostility and encourage parents to work
cooperatively in the best interests of their children. As parents working
together, you will make the major decisions including education, religion, and
medical care. You will make the decisions on how to resolve future issues as
you continue to parent your children.
Q: What does a Parenting Plan have in it?
A: It has the schedule of whom the children are with and when they are with them on a day-to-day basis. It also has the schedule of where the children will spend holidays, days off from school, and other special days (such as birthdays). The Parenting Plan lists who will be providing the health and/or dental insurance for the children and who will be supplying the child support. The Plan will also include an allocation of parental responsibilities; that is, who makes the decisions for the children. Finally, if necessary, the Parenting Plan will have a list of reasons that require limiting the parenting time and decision making of one of the parents and in what amount the parenting time and decision making should be limited.
Q: When is a Parenting Plan required?
A: A Permanent Parenting Plan is required in any final decree or decree for modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child issued after January 1, 2001. Temporary Parenting Plans are required in any temporary orders of the court in actions for absolute divorce, legal separation, annulment, or separated maintenance involving a minor child issued after January 1, 2001.
Q: Who has to fill out a Parenting Plan?
A: The parties or their attorneys fill out the Parenting Plan. If the parties cannot agree to the terms of a Permanent or Temporary Parenting Plan, each parent files his or her own Plan with the Court and will, usually go on to mediation to resolve the differences.
Q: Where do I get a Parenting Plan?
A: Tennessee Code Annotated §36-6-404 requires that a parenting plan form shall be used consistently by each court within the state that approves parenting plans pursuant to §36-6-403 or §36-6-404”. The form is to be used on and after July 1, 2005. The form and instructions are located here.
Q: Who fills out the Parenting Plan, my lawyer or me?
A: You or your lawyer can fill out the Parenting Plan. You may wish to have your lawyer help you (or your lawyer may wish to have you help him or her) fill out the details of the Plan.
Q: What if I don’t have a lawyer?
A: You can fill out the Plan by yourself and submit it to the Court for approval. If you and your spouse are in mediation, the mediator may help the two of you decide how to fill out the Plan once you have reached agreements on parts of the Plan.
Q: What if my spouse (or ex-spouse) and I don’t agree on some of the parts of the Parenting Plans?
A: You can use a mediator (on your own initiative or by order of the Court) to help you reach an agreement with your spouse. If mediation does not work, the Court will hold a hearing and will determine and order a Parenting Plan for you in the best interests of your children.
Q: If my spouse filed a Parenting Plan, do I file my own Parenting Plan?
A: If you and your spouse agree on the Parenting Plan submitted to the Court, then you do not need to file a Plan of your own. If you do not agree with all of the parts of the Plan submitted by your spouse, then you should file your own Plan. With respect to a Temporary Parenting Plan, the new law requires that “each party shall submit a proposed temporary parenting plan and a verified statement of income as defined by title 36, chapter 5, and a verified statement that the plan is proposed in good faith and is in the best interest of the child.” T.C.A. § 36-6-403(a)(2). With respect to a Permanent Parenting Plan, the law requires that “[i]f the parties have not reached agreement on a permanent parenting plan on or before forty-five (45) days before the date set for trial, each party shall file and serve a proposed permanent parenting plan, even though the parties may continue to mediate or negotiate. Failure to comply by a party may result in the court's adoption of the plan filed by the opposing party if the court finds such plan to be in the best interests of the child.” T.C.A. § 36-6-404(c)(3).
Q: When do I file my Parenting Plan?
A: The Local Rules of the Court determine the specifics of when to file your Parenting Plan. In general, (but, maybe, not always; check with the Local Rules for your Court) you will have filed your proposed Temporary Plan on time if you file your Plan with the divorce Complaint (if you are the plaintiff), Petition (if you are the Petitioner), Response (if you are the respondent), or Answer (if you are the defendant). The proposed Permanent Parenting Plan is generally filed prior to 45 days before the date set for the trial. T.C.A. § 36-6-404(c)(3).
Q: Where do I file my Parenting Plan?
A: The Parenting Plan is filed with the Clerk of the Court. The Clerk will then enter the Plan into the case file for the Judge or Chancellor to look over.
Q: What is the Parenting Education Seminar?
A: The Parenting Education Seminar is a class or series of classes that give parents the information necessary to deal with their children and with each other during and after the divorce process. These seminars are meant to help the divorcing family through the traumas of divorce without putting more stress on the parties and their children.
Q: What is taught in the Seminar?
A: The Parenting Plan Law requires (at a minimum) that the Seminars “educate parents concerning how to protect and enhance the child’s emotional development and informing the parents regarding the legal process. The seminar shall also include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.” Parenting Education Seminars may also cover other topics related to divorce and its effect on a family.
Q: How long is the Seminar?
A: The Parenting Plan Law requires a minimum of four hours of classroom time, but some Courts may require more time. Each individual Court decides the length of the required Parenting Education Seminar. Depending on the total amount of time required, the Seminar may be given in more than one session.
Q: How much does this Seminar cost?
A: There is no set cost for the Seminar. In some judicial districts there will be a number of different seminar providers for a parent to choose from. Each of these providers will have their own fee schedule and some may offer a sliding scale based on the income of the parent.
Q: What if I can’t afford to pay for the Seminar?
A: Upon proof of indigence by a parent, the Court may be able to waive the costs. In the alternative, the costs may be assessed as court costs.
Q: Do I have to go to this Seminar with my spouse or ex-spouse? Do the children attend the Seminar?
A: Normally, both parents do not attend the same Seminar. In areas where there are few Seminars, one parent may be able to attend a Seminar in an adjoining county or judicial district in order to meet the requirement of attending the Seminar. The minor children do not attend the Seminar, however, there may be specific other programs available for your children about how a divorce will change their lives.
Q: What happens if I don’t (or my spouse doesn’t) attend the Parenting Education Seminar?
A: In a contested divorce, the Court must consider whether a parent attended the required seminar when determining whether there should be any limitations on parenting time or decision-making. T.C.A. § 36-6-404(b)(4). The Court cannot prevent a divorce decree from issuing solely on the basis of the parents not attending the Seminar, but a parent who does not attend the Seminar within the time specified by the Court runs the risk of Contempt of Court. A parent who does not complete the required Seminar may be held in Contempt even if the divorce decree has issued. Contempt of Court may involve a jail sentence.
Q: Where are these Seminars held?
A: The local Court Clerk will give you brochures or other materials from Seminar providers in your area. These materials will have information such as times and locations of the Seminars and the costs of the Seminars. You will need to contact the provider of your choice to set up attendance at the next available Seminar.
The University of Tennessee Extension Office offers Seminars in 65 counties across the State. You can access a county's extension web site by going to the UT Extension website and clicking on the “Local Offices” link in the top left column. This will bring up a state map. Click on the county location. This will take you to the county web page for the local UT Extension office information.
Q: If I am in family counseling or therapy, does that count as a Parenting Education Seminar?
A: No. The emphasis of most family counseling or family therapy is different than the emphasis of the Parenting Education Seminars. Therefore, family counseling and therapy cannot replace the Seminar.
Q: What is mediation?
A: Mediation helps people decide, on their own, the best solutions to issues for themselves. Mediators help parents talk to each other to find new ways to resolve their issues. Mediators are neutral; they do not favor either side; they do not give legal advice; and, they do not decide the dispute. The parents, together, resolve their differences in a fair, open, and confidential way.
Q: Is a mediation session confidential? Doesn’t the mediator have to file something with the Court? Does the mediator tell the Court what went on in the mediation sessions?
A: Unlike Court proceedings, the mediation is confidential. The mediator only files reports with the Court stating that a mediation session occurred and whether or not any agreements were made between the parties. The mediator cannot tell the Court (or anyone else, for that matter) what went on in the mediation sessions. However, the mediator is required by law to report certain actions or threats of actions (such as child abuse) to the appropriate authorities.
Q: How do I choose a mediator?
A: In general, you choose your mediator from a list provided by the Court Clerk. Each of the mediators on the list received training in mediating family disputes and several of the mediators received specialized training in mediating cases where there is the presence or threat of domestic violence. If domestic violence is present in your family, you need to tell the Court. The victims of domestic violence are not required to go to mediation, but if they go, victims have certain rights in the mediation. Your lawyer or a local victims’ rights organization will have details.
Q: How much does mediation cost?
A: The cost of mediation varies with location, but generally court ordered mediation costs about $50 per hour to be divided by the couple.
Q: What if I can’t afford to pay for mediation?
A: Free (pro bono) mediation is available for those couples that are able to meet the indigence requirement of the Court. The Court Clerk will give you the information necessary to contact the pro bono mediator. For those parents who do not meet the indigence requirement but do not have enough income to pay full fees for a mediator, the Court may, upon motion by one or both of the parties, order the mediation to occur at a reduced fee to one or both parties. Also, some mediators (but not all) offer a “sliding scale” fee that is based on the income of the couple. The less a couple has in income, the lower the fee. You will need to talk to your mediator about payment for the mediation.
Q: Do I have to go to mediation?
A: If you are a victim of domestic violence, you are not required to go to mediation. Also, if you can show the Court that you have a good reason for not attending mediation, then you may not be required to go. If the Court orders mediation, the parties are required to attend mediation.
Q: What happens if I don’t have a good reason and I don’t go to mediation?
A: The Court may hold you in Contempt if you do not attend an ordered mediation without good reason that is approved by the Court. Also, the Court may use your absence from mediation as a factor in determining final form of the Permanent Parenting Plan.
Q: Will the mediation deal only with parenting issues?
A: Usually, no. In most orders for mediation, the Court allows the parties and the mediator to try to resolve the other issues after agreeing to a Parenting Plan. The other issues may include such things as who gets the house, who gets what from which retirement plan, and so forth.
Q: If my spouse and I reach an agreement, who does the paperwork?
A: If
the parties have attorneys, then the attorneys prepare the paperwork necessary
for filing with the Court. If there are no attorneys, the mediator may prepare
a “Memorandum of Understanding” for the parties to sign. This
Memorandum shows that the parties have agreed to certain things in their
divorce and they expect those things to be made a part of their divorce decree.
If there are no attorneys involved in the divorce, it is recommended that the
parties have an attorney look over the Memorandum to make sure that all of the
areas that need to be covered are covered.
If you don’t have an attorney, you should go over a copy of a
Parenting Plan with the mediator and your spouse to make sure that you have
covered everything. If you both agree on everything in the Plan, then you must
reduce that Plan to a formal Order and that Order must be submitted to the
Court for approval.
Q: What if my spouse and I reach an agreement about some of the issues but not about all of them?
A: You can submit a partial Parenting Plan with a notation where there is disagreement. The parts of the Parenting Plan that have been agreed to will usually be incorporated into the final Permanent Parenting Plan by the Court and the areas of disagreement will be decided by the Court. There may be a Settlement Conference scheduled to try to resolve the remaining issues or the Court itself may decide the issues at trial.
Q: Do I have to go to mediation if I am the victim of domestic abuse?
A: No, victims of domestic violence are not required to attend mediation. However, if you wish to go to mediation, certain steps must be followed: (1) you must agree to the mediation; (2) you have the right to have an advocate (another person who is not your attorney) present during the mediation; and, (3) you have the right to have a mediator specially trained in domestic violence. In addition, your attorney will be able to attend the mediations.
Q: Must I prepare a Parenting Plan for all divorces with children?
A: Yes. “Any final decree or decree of modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child shall incorporate a permanent parenting plan.” T.C.A. § 36-6-404(a).
Q: What about those cases filed before the January 1, 2001, start date of the legislation?
A: Whether a Parenting Plan is required for those divorce actions filed before January 1, 2000, depends on your Judicial District. Most districts have opted to require Parenting Plans for the “pipeline” cases, but even there, the courts are using their discretion. Check with the Clerk of the Court for specific cases.
Q: Is a Parenting Plan needed for those divorces that result in default judgments?
A: Yes, a Permanent Parenting Plan is required for all divorces entered after January 1, 2001. “Any final decree or decree of modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child shall incorporate a Permanent Parenting Plan.” T.C.A. § 36-6-404(a).
Q: How much detail is needed to complete the Parenting Plan? Is it sufficient to provide for “reasonable visitation” or that “the Parties will agree amongst themselves?”
A: No. Some judicial districts will not approve Plans which contain such language. The Parenting Plan forms make it possible for a lawyer or a parent to easily and quickly produce a detailed and workable Parenting Plan. Such detailed Plans are expected to be much less likely to precipitate post-divorce actions arising from a “misunderstanding” of the original Plan. In addition, detailed Plans allow the parents to quickly answer most questions that may come up as time passes and the memories fade of what each person meant during the formation of the Plan. The parties can always agree to deviate from the schedule, but the Plan is the schedule. Remember that flexibility may be built into a Plan by allowing a reasonable means of modifying the Plan.
Q: Is it necessary for the Parenting Plan to be typed out or is it possible to submit a Plan with the blanks filled in by hand?
A: Hand written Plans are acceptable. In fact, most Courts are asking that the Parenting Plans be submitted without changing the arrangement of the Plan. In this way, the Court will always know what is covered on each particular page of each Plan submitted.
Q: Will a TRO be granted prior to my client being sent to mediation or a pre-trial conference?
A: Generally, not if it affects parental responsibility or parenting time, but the local rules will determine the specifics of the procedure in each Court.
Q: How should I, as an attorney, get the other parent to participate in preparing the Plan if he or she has no attorney?
A: The easiest way is to wait for the other parent to attend the Parenting Education Seminar where he or she will be given a chance to go over the Parenting Plan form in detail. After that, the parent should willingly participate with your client in the preparation of a Plan. Also, the unrepresented party can be referred to one of the Regional Coordinators for help in locating proper counsel for filling out a Parenting Plan form.
Q: Is the Parenting Plan a document separate from the MDA? If it is, how do I reference the Parenting Plan in the MDA?
A: The Parenting Plan can either stand on its own and be referred to in the final Order granting the divorce or it may be attached to the MDA and referred to in the MDA (for example: “The parenting of the children is agreed to according to the certain Parenting Plan, dated dd-mm-yy, attached as Exhibit A hereto and is hereby incorporated in full by reference into this MDA.”).
Q: Must there be a court appearance on an ID divorce?
A: The requirement for court appearances is unchanged by the law; if an appearance was not required prior to the adoption of the Parenting Plan Law, then no appearance is required now. Check with your Local Rules if you are unsure.
Q: Is it necessary to submit a proposed Permanent Parenting Plan in advance of a contested divorce hearing?
A: Yes. “If the parties have not reached agreement on a permanent parenting plan on or before forty-five (45) days before the date set for trial, each party shall file and serve a proposed permanent parenting plan, even though the parties may continue to mediate or negotiate. Failure to comply by a party may result in the court’s adoption of the plan filed by the opposing party if the court finds such plan to be in the best interests of the child.” T.C.A. § 36-6-404(c)(3). Check with your Local Rules for the filing requirements of your court.
Q: After the divorce decree, how can my client modify a Parenting Plan, if there is no emergency? If there is an emergency?
A: If there is no emergency, the Parenting Plan itself specifies a method of modifying the Plan. Generally, the Plan is modified by mediation, arbitration, or counseling as set forth in the original Parenting Plan approved by the Court and incorporated into the divorce order. If there is no agreement, “a proposed plan shall be filed and served with the petition for modification and with the response to the petition for modification.” T.C.A. § 36-6-405(a). In the event of an emergency, the parent desiring to modify the Permanent Parenting Plan files a petition and the proposed Parenting Plan with the Court. The other parent files his or her proposed Parenting Plan with the response to the petition for modification. T.C.A. § 36-6-405(a).
Q: Are the parents in a post-divorce case required to attend the Parenting Education Seminar?
A: Yes. “In an action where a permanent parenting plan is or will be entered each parent shall attend a parent education seminar as soon as possible after the filing of the complaint. The requirement of attendance at such a seminar may be waived upon motion by either party and the agreement of the court upon showing of good cause for such relief.” T.C.A. § 36-6-408(a).
Q: How does my client find out about the available Parenting Education Seminars in his or her area?
A: The Clerk of the Court will have brochures or other literature from the approved Parenting Education Seminar providers available for your client.
Q: How does my client know whether the Court where the divorce is filed certifies a particular Parenting Education Seminar?
A: The Clerk of the Court will have a list of Court approved providers.
Q: Is it necessary for my client to make reservations to get into the Seminar?
A: That will depend on the Seminar provider. Some of the Seminars may prove to be so popular that it may be necessary to make a reservation. Others may allow drop-ins. Your client will need to check with the individual providers in your area.
Q: How much do these Seminars cost?
A: Again, that will depend on the Seminar provider. The law contemplates “reasonable” costs (see T.C.A. § 36-6-408(b)).
Q: What happens if my client cannot afford to pay for the Seminar?
A: Some of the providers may offer “sliding-scale” fees for the Seminar. Under such a scale, the parent would pay a reduced fee on the basis of his or her income. Also, the fees for the Seminar “may be waived for indigent persons.” T.C.A. § 36-6-408(b).
Q: What happens if the other parent does not attend the Seminar? Will the Court prevent the parents from getting a divorce if one of the parents does not attend the ordered Seminar?
A: “No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.” T.C.A. § 36-6-408(c). However, if a party does not attend the required Seminar the Court may hold them in contempt and must consider that factor when determining the division of parenting time and decision-making. T.C.A. § 36-6-404(b)(4).
Q: If my client is in family counseling or in family therapy, can that replace the Parenting Education Seminar?
A: No. The Seminar is meant to provide a broad education to parents “concerning how to protect and enhance the child’s emotional development and informing the parents regarding the legal process. The seminar shall also include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence.” T.C.A. § 36-6-408(a). Many of these topics are not covered in family counseling or therapy.
Q: Is mediation required in all cases where there are disputes about the Parenting Plan?
A: Unless a Local Rule requires it, no. Mediation is optional for the resolution of Parenting Plan disputes.
Q: When can the Court make the parties mediate?
A: Under Supreme Court Rule 31, the Court can make the parties mediate on its own or upon motion by one of the parties. T.C.A. § 36-6-404(c)(2).
Q: Must the Parenting Plan have a method of future dispute resolution designated?
A: Yes, unless mediation is precluded or limited by factors set out in § 36-6-406. T.C.A. § 36-6-404(a)(4).
Q: What kinds of dispute resolution are available for inclusion in the Parenting Plan?
A: Usually, the parents select mediation, arbitration, or counseling. However, there is nothing that would prevent the parents from designating any other means of dispute resolution specified in Supreme Court Rule 31 or approved by the trial court. The parents could, for example, agree that a family member or minister to resolve disputes between the parties.
Q: Is the use of an alternative dispute resolution process always necessary prior to filing a post-divorce petition (relating to a divorce granted under the Parenting Plan statute)? What if there are allegations of domestic violence or an Order of Protection?
A: Generally, yes. However, if there is a finding of domestic violence or an Order of Protection, the victim does not need to go to the designated alternative dispute resolution process prior to filing a post-divorce petition. T.C.A. § 36-6-409(d). “If an order of protection issued in or recognized by this state is in effect or if there is a court finding of domestic abuse or criminal conviction involving domestic abuse within the marriage which is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer the parties to mediation only if: (1) Mediation is agreed to by the victim of the alleged domestic or family violence;(2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (3) The victim is permitted to have in attendance at mediation a supporting person of the victim's choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation. The other party may also have in attendance at mediation a supporting person of such party's choice, including, but not limited to, an attorney or advocate.” T.C.A. § 36-6-409(e).
Q: If one of the parents does not pay the court ordered child support after the divorce, must the other parent go to mediation prior to filing a Petition for Contempt?
A: No.
Q: Q: What if the Petition for Contempt alleges other parenting issues in addition to non-payment of child support?
A: When a petition for contempt has been filed, the child support issues go to the Court for disposition. However, the other issues relating to the Parenting Plan should use the dispute resolution process which should have been specified in the Permanent Parenting Plan agreed to by the parents and incorporated into the divorce decree by the Court.
Q: What is the job of the Clerk in all of this?
A: Clerks are the backbone of the judicial system. They have more contact with lawyers and litigants than the judges. Therefore, the Clerks will be the on-the-spot contact for lawyers and the public when they have questions about the Parenting Plan.
The Clerk’s office should attach a checklist to each case file involving divorce proceedings with minor children. This checklist will outline the documents to be filed under the Parenting Plan law. The Clerk should also provide copies of the forms and any forms required by local rules to lawyers and the public. The Clerk’s office should also provide copies of brochures or other literature from Parenting Education Seminar providers.
Q: What forms should be given to the parents?
A: Generally, the parents receive copies of any local rules related to the Parenting Plan, an open letter from the judges, and a list of Parenting Education Seminar providers. Also, they can receive copies of a blank Temporary Parenting Plan and a blank Permanent Parenting Plan.
Q: When should I give the forms to the parents?
A: A: The plaintiff should get the material when the complaint is filed and the defendant should get the material when served with process or the answer is filed.
Q: What other information do I need to have available for the parents?
A: You may want to have brochures from the providers of children’s divorce seminars to give to the parents along with the Parenting Education Seminars.
Q: If mediation is ordered in the case, what other duties do I have?
A: You need to have information available about the mediators who have been listed to do family mediation in your judicial district. The Administrative Office of the Courtskeeps a current list of mediators on this website. This can be found here. Also, the mediator is required to file reports on the case with the court. It will be your duty to file those reports in the files.
Q: Are Parenting Plans needed for cases filed prior to January 1, 2001?
A: The law says: “Any final decree or decree of modification in an action for absolute divorce, legal separation, annulment, or separate maintenance involving a minor child shall incorporate a Permanent Parenting Plan.” T.C.A. § 36-6-404(a). Under a strict reading, this would mean that Parenting Plans would be required for cases filed before but resolved after January 1, 2001. However, some jurisdictions are applying the law only to those cases filed after January 1, 2001.
Q: Is there a standard Parenting Plan form used throughout the state?
A: Yes. Tennessee Code Annotated §36-6-404 requires that a parenting plan form shall be used consistently by each court within the state that approves parenting plans pursuant to §36-6-403 or §36-6-404”. The form is to be used on and after July 1, 2005 . The form and instructions are located here
Q: When do the parties file their proposed Temporary Parenting Plans?
A: The law sets no time for the filing of a proposed Temporary Parenting Plan. If the parties agree to a temporary plan, no written Temporary Parenting Plan is needed. T.C.A. § 36-6-403(a)(1). It is expected that a plaintiff will file a proposed Temporary Parenting Plan with the complaint and the defendant will file a proposed plan with the answer.
Q: What do I do if only one party files a proposed Temporary Parenting Plan?
A: The law provides that if only one party files a proposed Temporary Parenting Plan (and the Plan meets the requirements of the law), “that party may petition the court for an order adopting that party's plan by default, upon a finding by the court that the plan is in the child's best interest.” T.C.A. § 36-6-403(a)(2).
Q: Do I have to send the parties to mediation if they cannot agree on a Temporary or Permanent Parenting Plan?
A: No. The law does not require the Judge to send the parties to mediation. The Judge is allowed to send the parties to mediation at any time during the process.
Q: Where can I get a list of available Rule 31 family mediators in my district?
A: The Administrative Office of the Courts keeps a current list of family mediators on this website. This can be found here.
Q: What if there is an allegation of domestic violence in the case? Do the parties have to go to mediation?
A: No. “If an order of protection issued in or recognized by this State is in effect or if there is a court finding of domestic abuse or criminal conviction involving domestic abuse within the marriage which is the subject of the proceeding for divorce or separate support and maintenance, the court may order mediation or refer the parties to mediation only if: (1) Mediation is agreed to by the victim of the alleged domestic or family violence; (2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and (3) The victim is permitted to have in attendance at mediation a supporting person of his or her choice, including, but not limited to, an attorney or advocate. No victim may provide monetary compensation to a non-attorney advocate for attendance at mediation. The other party may also have in attendance at mediation a supporting person of his or her choice, including, but not limited to, an attorney or advocate.” T.C.A. § 36-6-409(e).
Q: Does the Administrative Office of the Courts keep a list of those Rule 31 family mediators trained in domestic violence?
A: Yes. This list can be found here.
Q: Who certifies the Parenting Education providers?
A: The Parenting Education providers are certified by each of the individual judicial districts. Some districts have set up a group or commission to certify the providers.
Q: What are the minimum requirements for the certification of a Parenting Education program?
A: “The seminar shall educate parents concerning how to protect and enhance the child’s emotional development and informing the parents regarding the legal process. The seminar shall also include a discussion of alternative dispute resolution, marriage counseling, the judicial process, and common perpetrator attitudes and conduct involving domestic violence. The program may be divided into sessions, which in aggregate shall not be less then four (4) hours in duration.” T.C.A. § 36-6-408(a). The Parenting Plan Manual also has some suggested requirements for certifying Parenting Education programs.
Q: What if I have no certified Parenting Education providers in my district or county?
A: There will be certified Parenting Education providers in adjacent counties or districts. It is suggested that the Court make arrangements with adjacent counties and/or districts to coordinate the certification of providers so that parents may have a wider selection of providers.
Q: How will I know if the parties have completed the Parenting Education?
A: The providers should give a certificate of satisfactory completion to the parent and send a copy to the Court for entry into the file. Also, the provider should send a list of all parents who have completed each seminar to the Court. The certificate sent to the Court should have the docket number to insure that it ends up in the proper file.
Q: What happens if one of the parties does not complete the Parenting Education? Can I deny the granting of the divorce?
A: “No court shall deny the granting of a divorce from the bonds of matrimony for failure of a party or both parties to attend the educational session.” T.C.A. § 36-6-408(c). However, the Court may issue a Show Cause Order to the party or parties not attending the seminar. In addition, the Court must consider that factor when determining the division of parenting time and decision-making. T.C.A. § 36-6-404(b)(4).
Q: Are the parties filing post-divorce petitions required to attend Parenting Education as well?
A: Yes. “In an action where a permanent parenting plan is or will be entered each parent shall attend a parent educational seminars as soon as possible after the filing of the complaint.” T.C.A. § 36-6-408(a). Since both final decrees and decrees of modifications require the incorporation of permanent parenting plans, the parties to a post-divorce petition are required to attend the seminars.