The decree is entered, the parenting plan is signed, and within a month the disputes begin: a missed exchange, a disagreement about summer camp, a fight over which school the child will attend next year. For high-conflict families, the litigation does not end with the divorce. It just changes subject.
Colorado has built two mechanisms into its statutes to keep those disputes out of the courtroom.
The Parenting Coordinator
Under C.R.S. § 14-10-128.1, the court may appoint a parenting coordinator to help the parents implement their parenting plan. The PC's role is facilitative: assisting the parents in communicating, resolving friction over exchanges and scheduling, and reducing the conflict that damages children. A PC does not make binding decisions. Think facilitator, not judge.
A PC can be appointed with the parents' consent or, without consent, when the court finds that the parents have been unable to implement the plan, that mediation has been tried or is inappropriate, and that the appointment serves the child's best interests. Appointments run for a defined term, commonly two years.
The Decision-Maker
The decision-maker, authorized by C.R.S. § 14-10-128.3, goes a step further. With the consent of both parents, the court can appoint a neutral with binding authority to resolve disputes about implementing the parenting plan — disagreements over school choice, activities, exchange logistics, and similar issues within the scope the order defines. The decision-maker's decisions are binding on the parents and enforceable as court orders, subject to a party's right to ask the court to review a decision.
The consent requirement is important. A court cannot impose a decision-maker on parents who do not agree to one, which means the time to secure the mechanism is when the parenting plan is negotiated.
Why It Works
The math is simple. A motion to modify or enforce a parenting plan means two lawyers briefing the issue, a hearing set months out, and fees on both sides — often over a Wednesday exchange or a summer schedule. A decision-maker or PC addresses the same dispute in days, at a fraction of the cost, with a professional who already knows the family. For parents who will share children for another decade, the speed alone changes the tenor of co-parenting.
Choosing the Right Tool
The two roles are often combined: a single professional appointed as both PC and decision-maker, who first tries to facilitate an agreement and then decides what the parents cannot resolve. Families with a history of litigation, difficulty communicating, or repeated disputes over the same issues are the natural candidates. The parenting plan should define the neutral's scope, the process for raising an issue, the fee allocation, and the term.
What These Neutrals Cannot Do
Neither a PC nor a decision-maker can change the fundamental allocation of parental responsibilities. A substantial change to parenting time or decision-making authority still requires a court order under the modification statutes. The neutrals operate within the plan; they do not rewrite it.
Building the Machinery Into the Plan
The best parenting plans for high-conflict families anticipate the disputes and provide the mechanism before they arise. Provisions naming a PC or decision-maker, or at least committing the parents to appoint one on request, are some of the cheapest insurance in family law. They are far easier to negotiate at the outset, when both parents are motivated to finish the case, than to litigate later.
Talk to a Denver Divorce Attorney Who Handles Complex Estates
Aaron Herzberg is a divorce attorney in Greenwood Village, Colorado, serving Denver and the Front Range, with more than 30 years of trial experience and a practice focused on high-net-worth and financially complex divorce. A parenting plan that anticipates the post-decree disputes protects children and estates alike.
Request a Consultation or call 303-507-5529
This publication is attorney advertising. It is educational information only, it is not legal advice, and it may not reflect the most current legal developments. Reading it does not create an attorney-client relationship. No attorney-client relationship exists until a conflicts check is complete and both parties have signed a written engagement agreement.
Read the full guide on DenverDivorce.com: Colorado Custody Terms Explained.
