Text: H05284                            Text: H05286
Text: H05200 - H05299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Amendment 5285

Amendment Text

PAG LIN
  1  1    Amend House File 2473 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  595.3A  RIGHTS AND
  1  5 OBLIGATIONS – NOTIFICATION.
  1  6    Upon the filing of an application for a license to
  1  7 marry and prior to the issuance of a license to marry,
  1  8 the clerk of the district court shall provide the
  1  9 applicants with a listing of resources to provide the
  1 10 applicants with information which sets forth the legal
  1 11 rights and obligations incident to marriage and
  1 12 divorce.  The chief judge of each judicial district
  1 13 shall develop the listing of resources to be provided
  1 14 to the applicants under this section.
  1 15    Sec. 2.  Section 598.7A, Code Supplement 1995, is
  1 16 amended to read as follows:
  1 17    598.7A  DISSOLUTION OF MARRIAGE DOMESTIC RELATIONS
  1 18 PROCEEDING – MEDIATION.
  1 19    In addition to the custody mediation provided
  1 20 pursuant to section 598.41, unless the court
  1 21 determines that a history of domestic abuse exists as
  1 22 specified in section 598.41, subsection 3, paragraph
  1 23 "j", or unless the court determines that direct
  1 24 physical harm or significant emotional harm to the
  1 25 child, other children, or a parent is likely to
  1 26 result, on the application of either party, or on the
  1 27 court's own motion, the court may require shall
  1 28 determine in each domestic relations proceeding or
  1 29 modification of any order relating to those
  1 30 proceedings whether the parties to the proceeding
  1 31 shall participate in mediation to attempt to resolve
  1 32 differences between the parties relative to the
  1 33 granting of a marriage dissolution decree, if the
  1 34 court determines that mediation may effectuate a
  1 35 resolution of the differences without court
  1 36 intervention.
  1 37    The costs of mediation shall be paid in full or in
  1 38 part by the parties, as determined by the court and
  1 39 taxed as court costs.
  1 40    Sec. 3.  NEW SECTION.  598.7B  MEDIATION AND
  1 41 CONCILIATION SERVICES – REQUIREMENTS, QUALIFICATIONS,
  1 42 AND FEES.
  1 43    1.  The supreme court shall prescribe rules to
  1 44 establish the minimum qualifications for persons who
  1 45 provide professional mediation and conciliation
  1 46 services through the domestic relations division of a
  1 47 district court relating to domestic relations
  1 48 proceedings including but not limited to dissolution
  1 49 of marriage, custody, support, or separate maintenance
  1 50 proceedings and including modifications of any orders
  2  1 relating to these proceedings.  The supreme court may
  2  2 seek assistance in the drafting of the rules from
  2  3 national mediation associations and other entities
  2  4 with expertise in mediation and reconciliation
  2  5 services.  The rules shall provide for the
  2  6 establishment of a sliding fee schedule for the
  2  7 provision of services and shall require that in order
  2  8 to provide mediation or conciliation services through
  2  9 the domestic relations division of a district court,
  2 10 the person is subject to the sliding fee schedule
  2 11 established by the supreme court.
  2 12    2.  In addition to the provisions for conciliation
  2 13 services pursuant to section 598.16, a district court
  2 14 may recommend or require reconciliation services to
  2 15 parties involved in domestic relations proceedings
  2 16 including but not limited to dissolution of marriage,
  2 17 custody, support, or separate maintenance proceedings
  2 18 and including modification of any orders relating to
  2 19 these proceedings.
  2 20    Sec. 4.  NEW SECTION.  598.19A  MANDATORY SEMINARS
  2 21 – PARENTS OF MINOR CHILDREN.
  2 22    1.  A decree dissolving the marriage of the parents
  2 23 of a minor child shall not be granted until the
  2 24 parents have participated in a seminar regarding the
  2 25 effects of dissolution of marriage on a minor child.
  2 26 Additionally, parties to a contested modification of
  2 27 custody proceeding, who have not previously
  2 28 participated in the seminar, shall participate in the
  2 29 seminar prior to the granting of a modification of
  2 30 custody order.  The court shall require the parties to
  2 31 participate in a seminar for a period of four hours.
  2 32    2.  A majority of the judges in a judicial district
  2 33 shall establish the seminars, in cooperation with the
  2 34 department of human services.  The seminars shall be
  2 35 scheduled at not more than two-week intervals, at
  2 36 locations which are convenient for and accessible to
  2 37 the parties to the dissolution or contested
  2 38 modification of custody proceeding.  The seminar shall
  2 39 include, but is not limited to, information regarding
  2 40 the effects of dissolution, including custodial
  2 41 relationships, on a minor child and instructions for
  2 42 coping with the effects.
  2 43    3.  The court shall establish a fee for the seminar
  2 44 which reflects the actual cost of the seminar.  The
  2 45 fee shall be paid in full or in part by the parties as
  2 46 directed by the court and shall be taxed as a court
  2 47 cost.
  2 48    4.  Notwithstanding the requirement of
  2 49 participation in the seminar established in this
  2 50 section, a decree or order may be granted prior to
  3  1 fulfillment of the requirement if a party demonstrates
  3  2 that the other party refuses to participate in the
  3  3 seminar."
  3  4    #2.  Title page, by striking lines 1 through 3 and
  3  5 inserting the following:  "An Act relating to domestic
  3  6 relations." 
  3  7 
  3  8 
  3  9                              
  3 10 KREIMAN of Davis
  3 11 HF 2473.201 76
  3 12 pf/jj
     

Text: H05284                            Text: H05286
Text: H05200 - H05299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: House Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Tue Mar 12 03:30:07 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05200/H05285/960311.html
jhf