Court-Ordered Parenting Programs: State Courses v. Out-of-State Online Courses

United States (U.S.) family courts are increasingly ordering parents facing divorce with minor children to attend parenting programs. These programs are designed to help parents and children solve those major issues that divorce brings, such as adjustment of children to parental separation, dispute resolution and conflict management, visitation guidelines, united parenting, and stress reduction in children.  This is definitely a wise recourse to keep both parents involved in the children’s future and to lessen the emotional impact of divorce.  Connecticut is one of the states whose statutes order parenting education programs. This article illustrates on the approach Connecticut’s courts took regarding parenting education programs offered by out-of-state vendors and taken online.

Connecticut’s General Statutes Sec. 46b-69b and Practice Book Sec. 25-5(a)(6) require parenting education programs whenever a minor child is involved in divorce proceedings. These programs last six hours, and may be taken in two courses of three-hour class or three courses of two-hour class.  Connecticut defines parenting education programs as "[A] course designed by the Judicial Department to educate persons, including unmarried parents, on the impact on children of the restructuring of families. The course shall include, but not be limited to, information on the development stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting. Parents may take “comparable” parenting education programs. This means, they may choose different course vendors as long as the courses are comparable.

In the case of Recile v. Recile,  FA-054-008-087S (2006), the Superior Court of Connecticut, District of Waterbury, first answered the question of whether an online parenting education course offered by a Florida vendor was a comparable course and allowed under the Connecticut statute for purposes of compliance with the court-ordered parenting education program.  In this case, plaintiff requested the court to permit him to enroll in a Florida parenting education program called Positive Parenting Through Divorce (PPTD), which was offered online.  Plaintiff did not submit evidence that this course was comparable with Connecticut’s programs.   Connecticut’s Superior Court had held in the case of Victor v. Victor, Docket No. FA 99 0174903 (2001), that a New York parenting education program was comparable or substantially similar to those offered in Connecticut and, therefore, the requesting parent could complete that course.  Thus, according to this precedent, it is required that out-of-states programs be substantially similar to those offered in Connecticut. In Recile v. Recile, the court held that the Florida online program was not substantially similar or comparable with parenting education programs offered in Connecticut.

Also, the court addressed the issue of whether these courses must be taken in-person or whether online courses comply with the purpose of the statute.  To answer this question, the court first reviewed surveys showing the positive impact parenting education programs have shown in Connecticut.  Then, the court reviewed the language of the statute and the legislative intent. The court held that the language of the statute does not expressly allow parties to participate in online parenting education courses.  Regarding the legislative intent, the court held that the legislature intended the parenting education programs to be in-person. The legislature even provided examples of in-person courses deemed to be effective in helping couples facing divorce. 

The court said that online parenting education courses do not provide the interactive and complete information that in-person courses do.  For instance, in-person courses have a mixture of videos, chats, and role playing scenarios that may relate to parents’ own situation. Yet, the online courses may be less interactive and only help parents to go through the course material as quickly as possible to obtain the required certification.  Also, the court noted, online courses do not provide the assurance that the one taking the course is really the parent to whom the court order is issued. Lastly, the court said that parenting education courses are ordered for the benefit of children and, in the case of online courses, parental convenience should not be given foremost consideration.  

Therefore, in Recile v. Recile, Connecticut’s Superior Court rejected the approval of online parenting education courses.