Text: H01121 Text: H01123 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 719, as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. NEW SECTION. 598.23B MEDIATION –
1 5 VISITATION AND CUSTODY DISPUTES.
1 6 1. A parent of a child may submit an application
1 7 to the magistrate having jurisdiction over the parties
1 8 to request that an issue of interference with custody
1 9 or visitation as established in an order or decree be
1 10 set for mediation.
1 11 2. A copy of the application shall be served on
1 12 the respondent by certified mail or personal service.
1 13 The respondent shall have three days from the receipt
1 14 of service to respond in writing to the application,
1 15 demonstrating the reason that the issue should not be
1 16 set for mediation.
1 17 3. Upon the lapse of the three-day period, the
1 18 magistrate shall determine whether to order mediation.
1 19 The magistrate shall order mediation if the magistrate
1 20 determines that there is a reasonable likelihood that
1 21 the parents are presently unable to resolve the
1 22 differences cited by the parties relating to custody
1 23 or visitation, and that mediation is in the best
1 24 interest of the minor children of the parties.
1 25 Mediation shall only be provided by a mediator
1 26 approved by the court. Mediation provided under this
1 27 section shall comply with chapter 679C, unless
1 28 otherwise provided under this section.
1 29 4. Mediation shall be held as soon as practicable
1 30 after the entry of the order under subsection 3. The
1 31 dates, times, and frequency of the mediation sessions
1 32 shall be set by the mediator. At any time from the
1 33 initial application for mediation, and only upon
1 34 agreement of the parties, the magistrate may appoint a
1 35 guardian ad litem for the children to represent the
1 36 children's interest in the mediation.
1 37 5. Following mediation, if the parties enter into
1 38 a mediation agreement, the original agreement shall be
1 39 filed with the court and may be admissible in any
1 40 subsequent civil or criminal proceeding involving the
1 41 custody or visitation of a child, notwithstanding any
1 42 confidentiality provisions established by law or rule
1 43 of the court to the contrary.
1 44 6. Following mediation, if the parties do not
1 45 enter into a mediation agreement, the mediator shall
1 46 only file a report with the court relating to the
1 47 cooperation of the parties in participating in
1 48 mediation. The report may be admissible in any
1 49 subsequent civil or criminal proceeding involving the
1 50 custody or visitation of a child, notwithstanding any
2 1 confidentiality provisions established by law or rule
2 2 of the court to the contrary.
2 3 7. If either party fails to appear at a scheduled
2 4 mediation without good cause, the mediator shall
2 5 report the nonappearance to the court, and the court
2 6 may enforce the order for mediation through contempt.
2 7 8. If the mediator determines that the parties are
2 8 unable or unwilling to meaningfully participate in the
2 9 mediation process or that reasonable agreement is
2 10 unlikely, the mediator may suspend or terminate
2 11 mediation and report the action to the court.
2 12 9. The costs of mediation shall be paid in full or
2 13 in part by the parties, as apportioned by the court,
2 14 based upon the financial affidavits of the parties.
2 15 10. Filing of an application for mediation under
2 16 this section shall not stay the decree or order
2 17 regarding custody or visitation.
2 18 11. Filing of a contempt or modification action
2 19 involving the children of the parties in the district
2 20 shall stay the mediation proceedings under this
2 21 section.
2 22 Sec. 2. Section 602.6405, Code 1999, is amended
2 23 by adding the following new subsection:
2 24 NEW SUBSECTION. 1A. Magistrates who are admitted
2 25 to the practice of law in this state have jurisdiction
2 26 to exercise the powers specified for magistrates and
2 27 to order mediation pursuant to section 598.23B."
2 28 #2. Title page, by striking lines 2 through 4, and
2 29 inserting the following: "providing a mediation
2 30 process for resolution of disputes."
2 31
2 32
2 33
2 34 KREIMAN of Davis
2 35 HF 719.201 78
2 36 pf/gg
Text: H01121 Text: H01123 Text: H01100 - H01199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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