INTERNET LAW - Courts Say “No” to Parenting Education Programs Online

Although a popular adage says “children do not come with a manual,” there are manuals or programs that help parents to better educate their children; particularly after divorce. Most states in the U.S. have parenting programs to teach parents how to be better parents and to handle the difficulties that divorce brings. These courses educate parents on the development stages of children, adjustment of children to parental separation, conflict management, dispute resolution mechanisms, guidelines for visitation, cooperative parenting, and stress reduction, among others. The question is whether parents can now take these courses online. Most courts are rejecting parents’ request to take parenting education programs online. This article provides an example of a Connecticut court that denied parents’ motion to take an online parenting program.     

Traditionally, parenting education programs require parents to physically attend classes through the duration of the program. Some companies are now providing parenting programs online, but courts are reluctant to allow this option. For instance, in Recile v. Recile, 2006 Conn. Super. LEXIS 1047, a Superior Court of Connecticut denied father’s motion to take an online parenting education program offered by an outstate vendor.  Plaintiff and defendant divorced in the state of Connecticut, but the defendant went to live to New York.  Months later, the defendant filed a motion with the court requesting permission to enroll in a parenting education program offered by a Florida vendor online.  Although the program was offered by a Florida vendor, the program guaranteed that it met the requirements of parenting education programs under Connecticut law.  The court denied defendant’s motion.

The court first held that the defendant did not introduce evidence establishing that the Florida online program was similar to the parenting program offered in Connecticut, which had been a success. Then, the court analyzed the language of the Connecticut statute § 46b-69b.  The court concluded that the language of the statute does not expressly permit courts to approve participation in online courses. Then, the court analyzed the legislative history of the statute and concluded that the legislature intended the parenting education programs to be in-person.  The in-person experience allowed parents to listen to experts and other parents, watch different scenarios, and ask questions to the experts.  The court concluded that the defendant did not provide evidence that the Florida online course offer a dynamic like the in-person courses approved by Connecticut. Additionally, the court stressed the fact that online parenting courses do not give assurance that the divorce parents are the one actually taking the course.  The court said that the in-person program guarantees that the parents are exposed to the curriculum because parents are required to stay as long as the course lasts.  This “controlled environment” guarantees that the parent exposure to the program. “If the court diverges from the methods already approved by Connecticut by allowing the defendant to take an online course, the court risks the well-being of the defendant's child as an innocent victim, which contradicts the purpose of the statute. This court is not willing to take such a risk only for the convenience of the defendant,” the court held.

Many other state courts have taken the position of the Connecticut court. The main reason for the rejection of online parenting programs is the one expressed by the Connecticut court; there is no guarantee that the divorced parents are the ones actually taking the course, and that the in-person dynamic experience is not transmitted by the online versions of these programs.  

Martha L. Arias, Attorney at Law; IBLS Editor

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