Decision Maker: 14-10-128.3 C.R.S.
I take appointments as Decision Maker for parents who have what the courts call “permanent orders,” meaning final orders allocating parental responsibilities for their child or children. These orders may come from a divorce case, or from a custody case involving unmarried parents.
I am not taking appointments as PC-DM, or combined "Parent Coordinator - Decision Maker." For parents in especially high conflict cases, I recommend a separate mental health or social work trained professional who can work in an ongoing capacity as a conflict resolver, and who can intervene to keep decisions from having to be made by a third party. Only when that intervention is unsuccessful is there a need to have isolated and discrete decisions made by a Decision Maker (DM).
The Decision Maker role only relates to orders allocating parental responsibilities. When I become a Decision Maker, as parents you are giving me authority to decide new disputes between you concerning the meaning of your orders, and how to implement them. This authority is limited to disputes about parenting time, parental decisions, and child support. I have no authority to issue orders concerning any other aspect of your case, and I cannot change the orders allocating parental responsibilities.
The procedure I use to make any decision is based upon a written agreement with you. For cases where lawyers represent both sides, that agreement might be to use the full rules of evidence and civil procedure in a process that resembles being in court. Where one or both parents are unrepresented, I can offer simpler procedures designed for non-lawyers, such as those in the sample DM-Agreement provided at the end of this page.
When I do make a decision, it will be given to you in writing. Decisions are effective immediately, and they stay in effect until changed. If you don’t like my decision, you can ask the Court to hear the issue all over again for a fresh determination. However, you are likely to end up paying the other party’s attorney fees if the Court upholds my decision. For specific details, you should read the statute section 14-10-128.3 C.R.S.
Decision Makers are used in the more hotly contested cases, often when mediation has failed. I am always willing to help give settlement one more chance when asked. Appointments as Decision Maker have to be made by the court, and they last for a specified term of up to two years. The court also decides who is responsible for my fees.
You are essentially appointing a private judge when you hire me as a Decision-Maker. Like a judge, I cannot be compelled to testify about what was said during the decision-making proceedings, and I have an immunity from being sued that is similar to judicial immunity. Again, for specific details, you should read the statute section 14-10-128.3 C.R.S.
There are ethical standards that govern a Decision Maker’s conduct. By statute, I am required to disclose any familial, financial, or social relationship that I have with anyone involved in the case. Like a judge, I am barred from talking with one party when the other is not there. Indeed, I don’t have such ex parte contacts with the court, so you need not worry that your judge is influencing me. As an attorney Decision Maker, I comply with the Chief Justice Directive 08-01 and the Rules of Professional Conduct for lawyers. The Chief Justice Directive is especially helpful for its comments on the statutory language.
I am not taking appointments as PC-DM, or combined "Parent Coordinator - Decision Maker." For parents in especially high conflict cases, I recommend a separate mental health or social work trained professional who can work in an ongoing capacity as a conflict resolver, and who can intervene to keep decisions from having to be made by a third party. Only when that intervention is unsuccessful is there a need to have isolated and discrete decisions made by a Decision Maker (DM).
The Decision Maker role only relates to orders allocating parental responsibilities. When I become a Decision Maker, as parents you are giving me authority to decide new disputes between you concerning the meaning of your orders, and how to implement them. This authority is limited to disputes about parenting time, parental decisions, and child support. I have no authority to issue orders concerning any other aspect of your case, and I cannot change the orders allocating parental responsibilities.
The procedure I use to make any decision is based upon a written agreement with you. For cases where lawyers represent both sides, that agreement might be to use the full rules of evidence and civil procedure in a process that resembles being in court. Where one or both parents are unrepresented, I can offer simpler procedures designed for non-lawyers, such as those in the sample DM-Agreement provided at the end of this page.
When I do make a decision, it will be given to you in writing. Decisions are effective immediately, and they stay in effect until changed. If you don’t like my decision, you can ask the Court to hear the issue all over again for a fresh determination. However, you are likely to end up paying the other party’s attorney fees if the Court upholds my decision. For specific details, you should read the statute section 14-10-128.3 C.R.S.
Decision Makers are used in the more hotly contested cases, often when mediation has failed. I am always willing to help give settlement one more chance when asked. Appointments as Decision Maker have to be made by the court, and they last for a specified term of up to two years. The court also decides who is responsible for my fees.
You are essentially appointing a private judge when you hire me as a Decision-Maker. Like a judge, I cannot be compelled to testify about what was said during the decision-making proceedings, and I have an immunity from being sued that is similar to judicial immunity. Again, for specific details, you should read the statute section 14-10-128.3 C.R.S.
There are ethical standards that govern a Decision Maker’s conduct. By statute, I am required to disclose any familial, financial, or social relationship that I have with anyone involved in the case. Like a judge, I am barred from talking with one party when the other is not there. Indeed, I don’t have such ex parte contacts with the court, so you need not worry that your judge is influencing me. As an attorney Decision Maker, I comply with the Chief Justice Directive 08-01 and the Rules of Professional Conduct for lawyers. The Chief Justice Directive is especially helpful for its comments on the statutory language.
| generic_dm-agreement.pdf |