Parenting Facilitation

Initial Order Requirement

Parenting Facilitation (PF) (or Coordination) requires an order by the Court.  While a parent may contact the firm about the services generally (see below), a parent cannot engage our firm for Parenting Facilitation without an order by the Court signed the Judge.  Additionally, any contact with the firm for PF services by one parent will be shared with the other parent at an appropriate time.

A parent is welcome to contact the firm for costs, process, etc., however, when contacting regarding an initial appointment as a PF to a matter, we would request no information other than:  1) Availability to accept a matter, 2) Cost, and 3) process of appointment.  Additionally, it is our practice and expectation that costs are shared equally between parents; however, we recognize that at times one parent may need additional support based on the circumstances.  Please note:  An order appointing James Victor Esh as a parenting facilitator must have the ability of the PF to 'shift' cost at the PFs discretion for good cause between the parents.  Any order of appointment that does not have this cost shifting provision may result in declination of PF services by our firm.  

Our firm, on the request of a parent, will provide a generic Order of Appointment which can be tailored to your matter upon request.  This is a generic form based on the Texas Family Practice Manual forms with cost shifting language as well.  If such order is provided, we make no representations of that order other than what it states.

Understanding Parent Facilitation

Families experiencing high-conflict co-parenting situations often require specialized support to ensure compliance with court orders and foster a more functional environment for their children. Parent Facilitation, as authorized under the Texas Family Code, offers a structured and transparent process to address these challenges.

Key Distinction: Parent Facilitation vs. Parent Coordination

It is crucial to understand the fundamental difference between Parent Facilitation and Parent Coordination:

• Parent Facilitation: Parent Facilitation is entirely discoverable and admissible in court. There is no expectation of privacy. This transparency ensures accountability and provides the court with a clear record of discussions and progress.
• Parent Coordination: In contrast, this process operates under confidentiality. Communications within parent coordination are generally private and not subject to disclosure, with the coordinator typically reporting only on the effectiveness of the process. Our firm does not offer Parenting Coordination (PC) services.  It is our opinion that if a Court/Parent seeks this type of service, it be provided specifically by a mental health professional qualified to act as a parenting coordinator due to the nature of the confidentiality of the process.  

Our Firm's Unique Approach

At The Law Office of Victor Esh, our Parent Facilitation services are led by James Victor Esh, Attorney at Law, who has training in parent facilitation as well as that training being done under the supervision of a Licensed Professional Counselor. This unique background offers a balanced perspective, allowing us to:

• Ensure Order Compliance: Our primary focus is to facilitate a clear understanding and adherence to existing court orders, addressing ambiguities and practical application in specific situations.

• Bridge Communication Gaps: While not a substitute for mental health counseling, we work to help parents understand each other's perspectives, identify underlying issues contributing to conflict, and strive for mutually agreeable solutions when possible.

• Promote a Co-Parenting Spirit (Where Feasible): We aim to help parents move towards a more cooperative co-parenting relationship. Recognizing that parallel parenting may be necessary in some cases (especially in the beginning), we also focus on establishing clear guidelines for such arrangements.

The Parent Facilitation Process at The Law Office of Victor Esh

All our sessions are conducted virtually.  Our structured approach typically involves the following stages:

1. Initial Order Review: We thoroughly review all relevant court orders and background information.

2. Initial Joint Session:   We expect to have an initial joint session with both parents going over the PF process, the initial impacts and background from both parents, and understanding how the children are doing and expected issues the parents see arising going forward.  

3. Individual Sessions: We conduct separate sessions (1-2 hours each) with each parent to understand their individual perspectives, concerns, and challenges.

4. Additional Joint Sessions: We facilitate joint sessions (up to 2 hours) to address areas of conflict, clarify order application, and work towards potential agreements.  These sessions will be scheduled during the meeting where possible and the decision for a session is at the sole discretion of the PF.  

5. Memorialized Agreements: Any agreements reached during facilitation are documented in writing and signed by the parents (remotely).

6. Ongoing Monitoring & Support: Initially we will have bi-monthly/monthly sessions.  Depending on the level of conflict, we typically schedule regular (monthly or quarterly) follow-up sessions, with the goal of transitioning to an "on-call" basis as the co-parenting relationship stabilizes.

7. Transparent Communication: All communication and discussions within Parent Facilitation are shared openly between both parents.

8. Court Reporting (In the Absence of Agreement): In situations where parents are unable to reach agreements, the Parent Facilitator may and will file reports with the Court outlining the issues discussed and the lack of resolution and provide recommendations to resolve the conflicts.  It is important to note that the Parent Facilitator is not acting as an attorney in this role and has no legal authority related to these reports. The reports serve as information for the Court should further legal action be necessary by the parties.

Expectations of Parents

Parents should approach parenting facilitation with open minds and a willingness to work together for the benefit of their children, understanding that trust and progress takes time.  

Cost Considerations

We require an initial retainer of $1,000 per party for Parent Facilitation services. My hourly rate for Parent Facilitation is $120, with support staff time billed at $60 per hour. Please note that these rates are specifically for Parent Facilitation services and are distinct from the firm's rates for legal representation and may change based on the matter. This rate reflects the unique role of a Parent Facilitator and is based on experience and time dedicated to these cases. The overall cost of Parent Facilitation is primarily influenced by the level and frequency of conflict between the parties. Our goal is to provide effective support while promoting efficiency and resolution.  However, parents can expect the initial retainer to be used during the initial setup of the matter and initial sessions which will likely require close to 10 hours.  Parents are required to keep a ‘retainer' balance with the firm of $500 for continued services.  If a party fails to keep the balance, the firm will cease further services and report to the Court regarding the same.  

Benefits for the Court

By referring parties to Parent Facilitation with The Law Office of Victor Esh, the Court and parents can benefit from:

• Increased Order Compliance: Facilitation helps ensure parents understand and implement court orders effectively.

• Reduced Relitigation: By addressing and resolving disputes outside of court, we aim to minimize the need for further judicial intervention.

• Improved Communication: Facilitation can foster better communication and understanding between parents, ultimately benefiting the children.

• Clear Record of Progress: The discoverable nature of Parent Facilitation provides the Court with a transparent view of the issues discussed and any agreements reached.

• Informative Court Reports: In the absence of parental agreement, the Court can receive reports from the Parent Facilitator to aid in understanding ongoing disputes and recommendations by the Parenting Facilitator, should further legal action be pursued by the parties.

We are committed to providing a valuable service to the Court and the families it serves. Please contact James Victor Esh at [email protected] or 361-665-5590 to discuss specific cases or for further information.