Thursday, January 13, 2005

Oklahoma's Parenting Coordinator Act found to be Constitutional

BARNES v. BARNES, 98090, 2005 OK 1, ___ P.3d ___, Decided 01/11/2005

In a yet to be released for publication opinion, the Oklahoma Supreme Court found that the Parenting Coordinator Act is not unconstitutional on procedural or substantive due process grounds. The Court found that the State has a legitimate interest in recognizing the harmful impact of divorce on children and attempting to minimize the involvement of minor children in the parental conflict. The Court found that the taking of jurisdiction over children of divorcing parents is a bona fide classification and is not arbitrary and capricious.. The Court further found that the statute bears a reasonable relationship to a legitimate state interest sought to be protected. Because of the limitations placed upon the Parenting Coordinator by the statute and by the trial court, the inconvenience to the parent is balanced against the societal interest to protect children of divorcing parents by the safeguards of the act.

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