Frequently Asked Questions

what is a custody evaluator?

As defined by statute, this neutral investigates and makes detailed recommendations to the Court regarding custody and parenting plan. The appointment is made by judicial order with or without the consent of the parents.

what is a parenting plan?

This is a detailed document that defines parenting time access, designates decision-making responsibilities, and a provides for a method of dispute resolution. It usually includes additional issues relevant to the child’s life and future.

what is a pc?

A parenting consultant (PC) facilitates and makes binding decisions regarding any parenting issue in addition to parenting time and access issues.

what is a PTE?

A parenting time expeditor (PTE) enforces, interprets, clarifies, and addresses disagreements based on the Court’s existing order. Duties are generally limited to parenting time schedule and access issues.

what is the difference between a PC and PTE?

The scope of the PTE duties is very limited. The Court may appoint a PTE without the consent of a party. A PC, however, may be appointed only with the consent of both parents.

what is a limited scope PC?

In this variant, the PC assists parents in resolving disputes regarding minor children but only during the intervening period between separation and decree. It is a short-term, finite commitment to protect children from domestic turmoil during the divorce proceedings. The PC's appointment ends with the filing of a custody agreement.

How is a PC obtained?

A PC is appointed by the Court with the consent of the parents, pursuant to Minnesota Court Rule 114.

Can a PC or PTE change custody?

In short, no.

What is ADR?

In this context Alternative Dispute Resolution (ADR) is a hybrid decision-making process using a combination of education, mediation, and arbitration. A PC and PTE are both Rule 114 neutrals who use an ADR process.

what is a safe harbor agreement?

This is a contractual agreement that allows a neutral to keep confidential the information received from a child’s therapist. It protects the privacy of the therapeutic relationship from litigation.

What is a Guardian ad litem?

A GAL advocates for the best interest of the child, providing a report and recommendations directly to the Court based on an independent investigation. The GAL may appointed without the consent of the parents and is mandated in some cases of alleged abuse or neglect.

how does mediation work?

Mediators assist parents to address and resolve disputed custody issues through non-binding negotiation. The mediator has no decision-making authority.

Is it confidential?

Mediation is confidential unless everyone specifically agrees otherwise. Generally there is no confidentiality in the custody evaluation process or with a PC. A PTE may (or may not) disclose reasoning in a decision, but the records and notes remain confidential.

who has to pay for these services?

Fees are generally allocated between the parents in the court order setting out the services. However, the rates for PC, PTE, and mediation are set by the service provider in a contractual agreement. Privately engaged GAL and custody evaluation fees are also set by the provider.

what about child protection services?

Abuse and neglect allegations are handled through a county-run system which includes a number of highly-specialized units such as intake, screening, and field investigation. Maltreatment allegations are often resolved without litigation. Relatively few reports progress to a juvenile court CHIPS (child in need of protection or services) proceeding.