Order Language

SUBSCRIBING TO CIVIL COMMUNICATOR PURSUANT TO COURT ORDER 

Civil Communicator subscribers may come to us seeking a tool for shared parenting as they progress through, or upon the conclusion of, their divorce, custody, or paternity actions. They may also subscribe as a condition of a protective order, restraining order, terms of probation or other situation that may have involved domestic violence.

Many of our Civil Communicator subscribers have found us and have agreed to use our services by mutual agreement, informally and independent of any legal action or by formal stipulation or court order. They may come to us, attracted by our monitored services, recognizing and acknowledging the fact that their communication patterns are distracting from their ability to co-parent effectively and are causing undue stress in not only their lives, but in the lives of their children. They may, as their issues are resolved, and their communications improve, transition to our unmonitored plan.

Others subscribe to our unmonitored plan from the beginning. They may be attracted by our suite of complimentary features which enables them to track and manage all shared parenting communications, events, documents, and finances in one integrated system.

Regardless of the plan, many subscribers choose to formalize their agreements to subscribe in their temporary or permanent parenting plan orders, or otherwise through formal, filed stipulation. Others subscribe to comply with court order, either resulting from a motion by one of the parents, or at the court’s own initiative.

As can be seen above, the situations that bring subscribers to Civil Communicator, as well as the attributes that attract their interests, are unique to the parties. That said, the language of motions, stipulations, and the resulting orders should address the specific needs, concerns, and desired outcomes of the parents involved.

Orders not specifying subscriptions to our unmonitored plan will be interpreted as orders requiring the parties to subscribe to monitored services. Orders specifying a transition from monitored to unmonitored plans should specify with specificity the benchmarks for, or timing of, the transition. If communication coaching is to be required for one or both subscribers, that too, should be sufficiently described. If identified, communication restrictions exceeding our general guidelines should also be described and/or listed.

The system’s integrated emergency communications provisions, not with standing, consideration may be given toward describing situations when the parties may deviate from what is otherwise mandatory use of Civil Communicator for communications. Typically, however, given the rich safeguards and recording capabilities of the emergency communications function, together with functionality of the system on mobile devices, including email access, special considerations for use outside of the program are rarely necessary, except for situations when Internet and cell phone connectivity are both an issue.

All this said, even when the parties have been issued orders for the use of Civil Communicator that don’t contain such details, we work with the parties to resolve open issues and address specific concerns.

SAMPLE LANGUAGE FOR STIPULATIONS, MOTIONS, AND PROPOSED PARENTING PLANS

We are often asked for specific language for motions, orders, etc. While there is no specific mandatory language, following has been provided for consideration:

The parties shall, within [ten] days of the Order, subscribe to a Civil Communicator Monitored Account, and communicate solely through that account about issues that arise regarding [the child(ren)] that should have the input of both parents or that otherwise involve shared parenting issues. The parties agree to use the Civil Communicator calendar (or similar application) to keep one another updated regarding [the child(ren)]’s school, extracurricular, medical, and other events and appointments. Each party is responsible for contacting coaches, tutors, and other activity supervisors to get on the email or other communication lists and determine the dates of [the child(ren)]’s involvement in activities. They shall also use the Shared Library to upload and hold documents, including this Order, which are necessary for efficient shared parenting.  All shared expenses and reimbursements may also be tracked, reconciled, and managed through the system’s Shared Expense Report.

All emergency and time sensitive communications not suitable to the normal communication review workflow timelines, or that must occur outside of the normal times of Civil Communicator review operations, shall be conducted by use of the Civil Communicator Emergency Communications function, except in situations of actual medical emergency where Internet or email communications are unavailable, in which case alternate suitable means of communications may be sought for the duration of such emergency.

As stated above, the drafter may also consider adding language addressing the proposal function if the parties have a PC/DM or similar person assigned to make decisions on behalf of the parties. Finally, the parties may also be required to communicate within the system about issues prior to bringing legal action seeking resolution. Finally, mandatory mediation or arbitration language could also be incorporated.