The following documents, numbered 1 to 37, were considered in connection with Defendant’s Order to Show Cause, filed May 2, 2024, (hereinafter “Motion Sequence #6″), seeking the entry of an order: 1. Directing Plaintiff to promptly renew and to provide to Defendant proof of insurance that expired on May 1, 2024 for the 2019 Jeep Grand Cherokee (hereinafter “2019 Jeep”) titled in Plaintiff’s name but that Defendant drives; 2. Granting Defendant exclusive use and possession of the 2019 Jeep; 3. Appointing a Parent Coordinator (hereinafter “PC”) to assist the parties in coparenting the parties’ two (2) unemancipated children, and directing that the PC’s costs shall be borne 100% by Plaintiff; 4. Directing that The Landmark Appraisal Group, Inc., update its court-ordered Neutral Appraisal Report dated April 28, 2023 for the parties’ Marital Residence located at [Redacted] within four (4) weeks of the commencement date of the trial of this action; and for 5. Such other, further and different relief as the Court deems just and proper; and In connection with Plaintiff’s Order to Show Cause, dated May 3, 2024, (hereinafter “Motion Sequence #7″), seeking the entry of an Order: 1. Directing that the settlement agreement effectuated via email between counsel regarding the marital home on November 14, 2023 be enforced; 2. For such other, further or different relief as to this Court may seem just, proper and equitable. PAPERS NUMBERED Motion Sequence #6: Order to Show Cause/Affirmation/Memorandum of Law/Exhibits A-G/ 1-10 Attorney for the Children Affirmation/ 11 Affidavit in Opposition/Affirmation in Opposition/Exhibits 1-10 12-23 Motion Sequence #7: Order to Show Cause/Affirmation in Support/Memorandum of Law/ Exhibits 1-7 24-33 Affirmation in Opposition/Memorandum of Law/Exhibits A-B 34-37 DECISION & ORDER RELEVANT FACTUAL AND PROCEDURAL HISTORY This matrimonial action was commenced on November 22, 2022, with the Plaintiff’s filing of a Summons and Complaint (NYSCEF Doc. No. 1). A Request for Judicial Intervention was filed on December 22, 2022 (NYSCEF Doc. No. 4). Defendant appeared by her then retained counsel filing a Notice of Appearance on January 19, 2023 (NYSCEF Doc. No. 23). On January 23, 2023, an Order was entered appointing Kathleen M. Hannon, Esq., as attorney for the parties’ minor children A.M.G. (DOB: XX/XX/09); and A.L.G. (DOB: XX/XX/12) (hereinafter collectively the “Children”) (NYSCEF Doc. No. 31). On February 13, 2023, Defendant filed an Answer with Counterclaims (NYSCEF Doc. No. 58). On February 16, 2023, Plaintiff filed a Reply to Counterclaims (NYSCEF Doc. No. 64). On March 21, 2023, a Preliminary Conference Order was entered wherein the parties agreed to proceed with respect to the grounds for the dissolution of their marriage in that Plaintiff would receive the entry of a Judgement of Divorce pursuant to New York State Domestic Relations Law §170(7) with Defendant withdrawing any counterclaims (NYSCEF Doc. No. 70). On April 3, 2023, the Court entered an Order Appointing Neutral Real Property Appraiser appointing Landmark Appraisal Group, Inc., to conduct an appraisal with a valuation date of April 3, 2023, for the real property known as [Redacted] (hereinafter the “Marital Domicile”), to be paid entirely by Plaintiff subject to reallocation at trial (NYSCEF Doc. No. 79). Following the withdrawal of Defendant’s retained counsel, Defendant sought permission to proceed as a poor person and for the assignment of counsel which was granted by Decision and Order appointing Delores Gebhardt, Esq., dated June 9, 2023 (NYSCEF Doc. No. 132). On June 16, 2023, an Amended Decision and Order was entered discharging Delores Gebhardt, Esq., as assigned counsel for Defendant an appointing Kathleen Donelli, Esq. (NYSCEF Doc. No. 133). On July 21, 2023, the parties entered into a Parenting Agreement which was presented to the Court and so ordered on July 25, 2023 (hereinafter the “Parenting Agreement”) (NYSCEF Doc. No. 147). The Parenting Agreement provided, in part, the following provisions pertaining to physical custody including a detailed parental access schedule: “1. The Mother and Father shall have joint legal custody of the minor Children, as defined by the provisions regarding decision-making set forth in this Agreement, and the Father shall have residential/physical custody of the minor Children, subject to the Mother’s Parenting access schedule with the Children as set forth herein. All communications between the parties for matters involving the Subject Child/Children only shall be by our Family Wizard, except in the event of an emergency regarding the Subject Child/Children in which event phone calls shall be permitted. * * * 6. Regular Parenting Schedule: Page 4 of 24 a) Commencing upon the signing of this Agreement, the Mother shall have parenting time with the Children on alternate Sundays from 7:00 p.m. to 8:30 p.m. for dinner at a restaurant chosen by the Mother, within 5 miles of the Children’s residence. The Mother shall notify the Father by email of the name and address of the restaurant by 5:00 p.m. on the Wednesday prior to the dinner visit. If the Mother fails to notify the Father of the name and address of the restaurant she has chosen by 5:00 p.m. on the Wednesday prior to the dinner visit, the visit shall occur at [Redacted] in [Redacted]. b) The Parents agree that the Mother and the Children shall continue to work with a reunification therapist, currently [Redacted], with a goal of expanding the Mother’s access with the Children. The Parents agree to cooperate with [Redacted] and to consider the recommendations of [Redacted] in working toward an expanded access schedule for the Children with their Mother. Any such additional access shall be as agreed between the Parents and confirmed in writing by email before expanded access commences or by Court Order. Unless mutually agreed otherwise, or recommended otherwise by [Redacted], the Parents agree that the Mother and the Children will meet with [Redacted] or another therapist at least once every other week. In the event that [Redacted] is no longer available to work with the family, the Parents shall request from [Redacted] a list of therapists she would recommend to succeed her, and the Parents shall agree on a new reunification therapist. c) The Children shall remain in individual therapy with [Redacted], and the Parents authorize communication between [Redacted] and [Redacted], and the Parents further authorize communication between their own individual therapist and either [Redacted] or [Redacted], as requested by them. 7. Vacations: The Parents agree to work with [Redacted] or another reunification therapist with the goal of agreeing on vacation access for the Children with their Mother. Despite the access set forth above, it is anticipated that the Father will have vacation time with the subject Children, as will the Mother, subject to the Mother’s obtaining a more regular access schedule. Neither party shall travel outside the United States with the subject Children absent a written consent of the other party or Court Order. 8. Holidays: The Parents agree to work with [Redacted] or another reunification therapist with the goal of agreeing to a holiday access schedule for the Children with their Mother, including access on birthdays, Thanksgiving, Christmas or Christmas Eve, Mother’s Day, Easter, and 4th of July. 9. Changes to the Schedule: In the event that either Parent needs to cancel any of the Mother’s Regular parenting time with the Children, he or she shall provide the other Parent with 48 hours advance written notice by email if practicable. The Parents shall use their best efforts to reschedule the Mother’s missed time from her Regular Parenting Schedule.” The Parenting Agreement further sets forth in detail the manner within with Defendant, as the non-custodial parent, would have routine communication with the Children in addition to the access schedule set forth above: 10. Communication: a) The Mother shall have a phone call, Facetime, Zoom or other communication with the Children every Wednesday evening between 7:00 p.m. and 9:00 p.m. It is the responsibility of the Mother to place the call. If the Mother or the Children are not available on any given Wednesday, prior to the time of the call, an alternate time for a call that week shall by confirmed by the Father and the Mother. If there is no such rescheduling, and if the Mother does not place a call between 7:00 p.m. and 9:00 p.m. on any given Wednesday, she has forfeited the call for that week. The Father shall make the Children available each Wednesday between 7:00 p.m. and 9:00 p.m., unless rescheduled, at each of the Children’s cell phone numbers for the call from their Mother. Phone and Facetime/Zoom access may be expanded as per the recommendations of [Redacted], and confirmed in writing by email.” With respect to decision-making, the Parenting Agreement clearly set forth the manner within which the parties would engage in routine and major decision-making pertaining to the Children, and further delineated the manner within which the parties would specifically address healthcare decisions, educational decisions, the religion of the Children, the extracurricular activities of the Children, summer camp and programs of the Children, and the manner within which childcare of the Children would be conducted. This very detailed agreement employed the use of a variation of what is commonly referred to as the “professional model” wherein if a disagreement as to a particular major decision existed between the parties, a professional in that area (i.e., medical professional, educator, etc.) would be called upon to provide a recommendation after which Plaintiff would have final decision-making to the extent a disagreement continued to exist with a delay in implementation of Plaintiff’s decision to permit Defendant ample opportunity to seek Court intervention. The language of the Parenting Agreement pertaining to decision-making includes the following: “2. Routine Decisions: “The Parent with whom the Children are residing on that day (as hereinafter set forth) shall make routine decisions on day-to-day issues, subject to the provisions of this Agreement. 3. Major Decisions: a) As to all major, non-emergency decisions (“Major Decisions”) concerning either of the Children, the Mother and the Father shall, in advance and in good faith, consult with one another as set forth herein and the Parents shall seek mutual agreement on all Major Decisions affecting the Children, with a view toward arriving at a harmonious policy calculated to promote the Children’s best interest. “Major Decisions” shall include all non day-to-day routine decisions, including but not limited to (a) “HEALTHCARE” (Physical and Mental); (b) “EDUCATION”; (c) “EXTRACURRICULAR ACTIVITIES”- selection of extracurricular activities, summer camp or similar organized summer activity; (d) “RELIGION” b) Joint-Consultation. Consultation shall be initiated by message on Our Family Wizard to the other Parent about the Major Decision. The subject of the said email shall be clearly labeled “Major Decision” and shall not be part of any other email chain nor shall the email contain discussion about any subject other than the Major Decision(s). The Parent initiating discussion about a Major Decision shall set forth the issue, and his/her position, as well as any information or recommendation that Parent has received from a professional involved in that Child’s education, healthcare, religious issue, extracurricular activity, or other Major Decision. The Responding Parent shall have seventy-two (72) hours (unless the subject matter of the issue requires sooner action, notice of which shall be included in the initiating message) from the receipt of the notice by Our Family Wizard message to respond. The Response shall specify the Responding Parent’s position including whether he/she seeks an opinion from a Relevant Professional or other consultant and/or is gathering information with respect to the Major Decision and a brief statement of his/her position. If no response is received after 72 hours of the initiating message, the Parent who has initiated the discussion shall have the authority to make the decision and shall notify the other Parent immediately in writing by Our Family Wizard message. The Father’s email address is [REDACTED]. The Mother’s email address is [REDACTED]. The Parents shall notify one another by Our Family Wizard message of any change in email address within twenty-four (24) hours of the change. If a Parent will be without email for seventy-two (72) or more hours, he/she shall advise the other Parent. In such event, the Parents shall agree on alternative arrangements for communications, i.e., telephone calls, texts, etc. for the making of Major Decision(s) during the period a Parent has no email access. If the response indicates that the Mother and the Father do not agree on the issue, within the next one-week period, both Parents shall choose by agreement and consult an expert/professional, who is involved with the subject Child in the area of the Major Decision; for example on a proposed medical Major Decision, the pediatrician or medical or dental specialist, and for a proposed educational Major Decision, the Child’s teacher, principal, special education provider, guidance counselor or Education Specialist, if any, shall be consulted. The Parents shall request a recommendation from the expert/professional. If any expert/professional requires longer than the one-week period for consultation, to render a written recommendation or provide information, the Parents shall allow such time as the Professional needs to render an opinion in writing, so long as none of the options proposed by either Parent are foreclosed by the delay. Upon receipt of the written recommendation of the Professional, each Parent shall review and consider the recommendation of the Professional. If the Parents still do not agree, the Father shall have the authority to make the final decision and shall notify the Mother within 24 hours in writing by email of the decision. Any final decision shall not be implemented for five (5) business after notification of the decision, unless circumstances dictate that the decision must be implemented immediately. Notwithstanding anything contained herein, each Parent retains his/her right to bring any issue with respect to the determination of a Major Decision before a court of competent jurisdiction, and to request a stay of the implementation of any decision. c) Healthcare Decisions: Healthcare decisions are defined as including, but not limited to, medical (i.e., nonemergency care, change or addition of physicians, treatment plan/protocols, medication, protocol, vaccinations, etc.), dental (i.e., change in dentist, orthodontia, oral surgery, prosthetics, etc.), treatment by audiologists, speech pathologists, mental health professionals, occupational or physical therapists, and mental healthcare (selection of professional, medication, treatment plan, etc.) It is agreed that the Children’s present healthcare providers are as follows, and a change in or addition to any of the service providers shall be considered a Major Decision: Pediatrician: [Redacted] Dentist: [Redacted] Other medical specialist: [Redacted] Therapist: [Redacted] Reunification therapist: [Redacted] d) Educational Decisions: It is agreed that the Children shall continue to attend school in the [Redacted] Public School system for so long as either Parent resides within the district. If neither Parent resides within the [Redacted] School district, the Children shall attend school in the public school district where the Father resides. Choice of a private school shall be deemed a Major Decision. Other educational Major Decisions include, but are not limited to educational accommodations, implementation of special education committee recommendations, the employment of tutors, academic performance programs or test preparation programs, education committee recommendations, college selection, choice of academic classes, change in school program or study abroad. e) Religion: It is agreed that the Children shall continue to be raised in the Roman Catholic religion and the Children may attend religious services with either Parent. The Children shall continue to participate in any religious education program in which they are currently enrolled. Enrollment of either Child in a new religious education program shall be deemed a Major Decision. The Professional for an issue regarding religion shall be a Priest assigned to the Parish Church which the Children most often attend. f) Extracurricular Activities: The Children shall continue to participate in the sports and other extracurricular programs in which they are currently enrolled. Any change in said programs, or any additions to the extracurricular schedule of either of the Children shall be considered a Major Decision. With regard to the choice of sports, teams, and other extracurricular activities, each Child’s wishes, interests, and aptitudes shall be considered in the process of making the final decision, and the impact of the decision on each Parent and his/her time with each of the Children shall also be considered in the process of making the final decision. Each Parent is responsible for providing transportation for the Children to any of their agreed-upon activities or social engagements (provided the scheduled Parent agreed thereto) during their respective custodial times, and providing necessary and appropriate gifts, as applicable, for social engagements falling during his/her Parenting Time. If the Parents are unable to agree on extracurricular activities for the academic, the Father shall have authority to choose the activities for both Children. g) Summer Camp/Programs: With respect to the selection of organized summer programs and camp, the consultation between the Parents shall take place within a sufficient time so as to enable them to arrive at a final decision by March 31st of each year and shall take into consideration the financial circumstances of the Parents. With regard to the choice of Summer Camp, each Child’s wishes and historical practice shall be considered in the process of making the final decision. If the Parents are unable to agree on a Summer Camp, the Professional to be consulted shall be the Child’s guidance counselor at school. h) Childcare: If either Parent employs a childcare provider on a regular basis, that provider shall be introduced to the other Parent, contact information shall be provided, and communication between the childcare provider and the other Parent reasonably necessary to implement the terms hereof and coordinate a Child’s activities and care shall be permitted.” The terms of the Parenting Agreement, both within the preamble recitals and in the substantive provisions, manifest the parties’ clear and unambiguous intent for the documents to set forth a final resolution of all custody and access issues before this Court pertaining to the Children: “WHEREAS, the Parents desire, by this Agreement, to settle all issues relating to custody and parental access of their Children; and WHEREAS, the Parents acknowledge and agree that this Agreement constitutes the entire understanding between them and they agree that the following provisions will constitute a full and final resolution of all their respective claims with regard to custody, parental access and decision-making, and that this Parenting Agreement shall be So Ordered by the Supreme Court and shall be incorporated by reference in any Judgment of Divorce that may be entered herein, and which shall survive and shall not be merged in any Judgment of Divorce that may be entered; and * * * WHEREAS, the Parents desire to settle any issues related to custody, parental access and decision-making regarding the Children within the context of the Pending Action rather than proceed to trial on said issues; and * * * 15. This Parenting Agreement shall be governed by and interpreted pursuant to the internal laws of the State of New York. The Parents agree that New York State is the Child’s habitual residence pursuant to DRL Article 5-A. The Parents hereby consent and accept the jurisdiction of the courts of the State of New York for the resolution of any dispute between them pertaining to custody of the Children or the right of the other Parent to have access to the Children. If any such dispute cannot be resolved by negotiations between the Parents, the Parent seeking such change in the custodial or access rights shall have the right to apply to a court of appropriate jurisdiction in the State of New York for an order or judgment directing any such change. The determination of the court of appropriate jurisdiction in the State of New York as to any such dispute shall be conclusive and binding upon the Parents until modify by any subsequent order of judgment or by appellate review. New York shall be deemed the Home State for determination of all issues regarding the Child. 16. This Parenting Agreement shall be so ordered by the Court, and shall be incorporated by reference into, but not merged with, any decree or judgment issued by any Court of competent jurisdiction. 17. The signatures below indicate that the undersigned have read and understand, and agree to, the terms of this Parenting Agreement.” On July 26, 2023, a Notice of Entry of the Parenting Agreement was filed (NYSCEF Doc. No. 150). To date, no Appeals or Motions have been filed seeking to vacate or modify the Parenting Agreement with the exception of the request for the appointment of a Parent Coordinator sought within Motion Sequence #6. Moreover, no Agreements or Stipulations executed by the parties amending the Parenting Agreement have been submitted to the Court. On April 16, 2024, a Conference was held with the Court wherein both parties through counsel raised issues seeking Court intervention resulting in the Court granting leave for the parties to engage in motion practice which was further set forth by Court Order dated April 18, 2024 (NYSCEF Doc. No. 399). Thereafter, Motion Sequences #6 and #7 were filed inclusive of the submissions noted above. Turning first to Motion Sequence #6, on the return date of May 23, 2024, all parties and counsel appeared before the Court for a Conference wherein Plaintiff’s counsel agreed to the relief sought by Defendant in prongs 1 and 2 of Motion Sequence # 6, leaving the only substantive prongs remaining to be determined by this Court being prongs 3 and 4. With respect to Plaintiff’s request for the appointment of a Parent Coordinator and that Plaintiff be required to pay the entire cost, Defendant’s counsel asserts in her Affirmation (NYSCEF Doc. No. 401): “4. With regard to the appointment of a Parent Coordinator, the parties’ reunification therapist, [Redacted], strongly recommended the parties have professional support to improve their communication and co-parenting… * * * 6. On April 1, 2024, Ms. Hannon forwarded an email message from [Redacted] dated March 28, 2024 in which [Redacted] set forth her recommendations. In item number 5 of her email message, [Redacted] identified the “high conflict that continues between the parents” and stated that “it is highly recommended that a professional remains involved as the parents will need continued intervention including parenting support, dispute resolution and mediation. I recommend a trained Parent Coordinator to assist with this.” A copy of Ms. Hannon’s April 1, 2024 email forwarding [Redacted]‘s March 28, 2024 email is attached as Exhibit E. 7. By email dated April 12, 2024, I explained to the AFC that Defendant did not agree that her proposed temporary parenting schedule was “in her daughters’ best interest because she would only be with them on alternate Sundays from 2pm until 8pm.” My April 12, 2024 e-mail to the AFC and her April 11, 2024 email message to me with the AFC’s proposed temporary parenting schedule are attached as Exhibit F. 8. Although Defendant initially said that she would not insist on a Parent Coordinator, Defendant now asks that a Parent Coordinator be appointed because the parties have not been able to agree on a temporary parenting schedule. 9. For this reason, it is respectfully requested that the Court appoint a Parent Coordinator to assist the parties in improving their communication and coparenting skills. It is also respectfully submitted that, as Plaintiff is the (much) higher-earning party, the costs of such Parent Coordinator should be borne 100% by Plaintiff. As stated in the parties’ 2023 W-2s which are attached as Exhibit G, Plaintiff’s 2023 gross income was $648,380.25 and Defendant’s 2023 gross income was $29,336.42.” The attorney for the Children submitted an Affirmation in Opposition (NYSCEF Doc. No. 424) to Motion Sequence #6, strongly opposing the appointment of a Parent Coordinator, due to her clients’ position against such action, as well as her belief that a clear decision-making process is set forth in the Parenting Agreement, thereby negating the need for a Parent Coordinator: “4. Both A.M.G., who is now 14 years old, and A.L.G., who will be 12 in June, feel very strongly that they do not want a Parent Coordinator. They do not want any third party involved in the scheduling of their access with their Mother, or with respect to “co-parenting”. They do not want to meet with a Parent Coordinator. The girls believe that their Mother is looking for another forum to air all of her complaints against them and their Father, and force them to do things they do not want to do. The girls believe that reunification therapy with their Mother failed because the therapist listened to all of their Mother’s complaints about them and their Dad, and sided only with Mom and disrespected Dad. By agreement and consent of [Redacted], the reunification sessions were terminated. Neither A.M.G. or A.L.G. want anything to do with a Parent Coordinator, as a substitute for the failed reunification therapy. * * * 7. With respect to decisions, I do not believe a parent coordinator is necessary. The So Ordered Stipulation of Settlement dated July 25, 2023 has a clear decision making process set forth and I unaware of any situation when the Parents could not agree on a decision involving the Children.” Plaintiff asserts in his Affidavit (NYSCEF Doc. No. 429
