Text: HF00296 Text: HF00298 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. INTENT OF THE GENERAL ASSEMBLY. It is the
1 2 intent of the general assembly that when the custody or
1 3 visitation of a child is at issue before the court, the best
1 4 interest of the child should determine the outcome and the
1 5 best interest of the child is served through the opportunity
1 6 of maximum contact with both parents. It is also the intent
1 7 of the general assembly that custody or visitation disputes be
1 8 settled swiftly and include resolution of the issue of child
1 9 support in an equitable manner.
1 10 Sec. 2. Section 598.21, subsection 4, Code 1999, is
1 11 amended by adding the following new paragraph:
1 12 NEW PARAGRAPH. f. Notwithstanding paragraph "a", if a
1 13 parent is awarded joint physical care of a child, the court
1 14 shall deviate from the guidelines in a manner so that the
1 15 amount of child support provided by each parent reflects the
1 16 physical custody responsibility awarded the respective parent.
1 17 Sec. 3. Section 598.41, subsection 2, paragraphs d and e,
1 18 Code 1999, are amended by striking the paragraphs and
1 19 inserting in lieu thereof the following:
1 20 d. Except as provided in subparagraph (1), before ruling
1 21 upon the joint custody petition in these cases, if it appears
1 22 on the face of the petition or other application for an order
1 23 or modification of an order for the custody of a child that
1 24 custody or visitation is contested, or that any issue
1 25 pertinent to a custody or visitation determination, including
1 26 visitation rights, is unresolved, the matter may be set for
1 27 mediation of the contested issue prior to, concurrent with, or
1 28 subsequent to the setting of the matter for hearing. The
1 29 purpose of the mediation proceeding is to reduce acrimony
1 30 which may exist between the parties and to develop an
1 31 agreement that is supportive of the child's best interest.
1 32 The mediator shall use best efforts to effect a settlement of
1 33 the custody or visitation dispute, but shall have no coercive
1 34 authority.
1 35 (1) If the court determines that a history of domestic
2 1 abuse exists as specified in subsection 3, paragraph "j", or
2 2 if the court determines that direct physical harm or
2 3 significant emotional harm to the child, other children, or a
2 4 parent is likely to result, the parties shall not be required
2 5 to participate in or be referred to mediation.
2 6 (2) In order to participate in custody mediation, a
2 7 mediator must be appointed by the court. A mediator shall be
2 8 a member of the professional staff of the court, a mental
2 9 health services agency, a private mediation service, or other
2 10 person approved by the court having jurisdiction of the
2 11 matter. Persons providing mediation services who are not
2 12 otherwise professional staff of the court are not court
2 13 employees, but are subject to supervision of the court. The
2 14 court shall maintain a listing of approved mediators for this
2 15 purpose. The parties shall utilize the services of a mediator
2 16 approved and listed by the court, unless the parties stipulate
2 17 to a mediator not approved and listed by the court.
2 18 (3) A mediator who provides mediation services under this
2 19 subsection shall meet all of the following requirements, at a
2 20 minimum:
2 21 (a) Have knowledge of the court system and the procedures
2 22 used in contested custody matters.
2 23 (b) Have knowledge of other resources in the community to
2 24 which the parties to a contested child custody matter may be
2 25 referred for assistance.
2 26 (c) Have knowledge of child development, clinical issues
2 27 relating to children, the effects of marriage dissolution on
2 28 children, and child custody research.
2 29 (d) Have previously completed mediation training or have
2 30 experience in mediation deemed equivalent by the court.
2 31 (4) Mediation proceedings shall be conducted in private.
2 32 All records of a mediation proceeding shall be confidential
2 33 and shall not be available as evidence in an action for
2 34 marriage dissolution and related proceedings on any issue in
2 35 controversy in the dissolution. All verbal and written
3 1 information relating to the subject matter of the mediation
3 2 process and transmitted between the parties and the mediator
3 3 or other person present during any stage of the mediation
3 4 process, whether reflected in notes, memoranda, or other work
3 5 products in case files are confidential communications.
3 6 Mediators shall not be examined in any judicial or
3 7 administrative proceeding regarding confidential
3 8 communications and are not subject to judicial or
3 9 administrative process requiring the disclosure of
3 10 confidential communications.
3 11 (5) If the parties do not reach an agreement at the
3 12 conclusion of the mediation proceedings, the mediator may
3 13 recommend to the court that other actions be taken to assist
3 14 the parties to resolve the controversy before a hearing on the
3 15 issues. The mediator may recommend the use of neutral
3 16 visitation sites or that mutual restraining orders be issued
3 17 in appropriate cases, pending determination of the
3 18 controversy, to protect the well-being of any child involved
3 19 in the controversy.
3 20 (6) An agreement reached by the parties as a result of
3 21 mediation shall be discussed by the parties with their
3 22 attorneys, if any, and if approved the agreement may be
3 23 included in a dissolution decree or other stipulation
3 24 submitted to the court. An agreement reached by the parties
3 25 as a result of mediation shall not be presented to the court
3 26 and is not enforceable unless the parties and their attorneys,
3 27 if any, approve the agreement, consent to its presentation to
3 28 the court, and the court accepts the agreement.
3 29 (7) The costs of custody mediation shall be paid in full
3 30 or in part by the parties and taxed as court costs.
3 31 (8) The supreme court may prescribe rules to administer
3 32 this paragraph "d".
3 33 EXPLANATION
3 34 This bill relates to child custody, visitation, and
3 35 support. The bill provides the intent of the general assembly
4 1 that the best interest of the child in awarding custody and
4 2 visitation is served by providing the opportunity for maximum
4 3 contact with both parents and that disputes regarding
4 4 visitation and custody should be resolved swiftly and should
4 5 include resolution of the issue of child support in an
4 6 equitable manner. The bill provides that if joint physical
4 7 custody is awarded, the court shall deviate from the child
4 8 support guidelines to reflect the physical custody
4 9 responsibility awarded each parent. The bill provides that,
4 10 prior to the awarding of joint custody by the court, the
4 11 matter may be set for mediation in instances in which there
4 12 are unresolved matters, including custody and visitation
4 13 rights. The bill specifies that mediation is to be provided
4 14 by a mediator approved by the court and listed by the court
4 15 for the purposes of use by the parties. The bill specifies
4 16 mediator qualifications, that mediation is to be conducted in
4 17 private, that records of the mediation are not to be available
4 18 as evidence in a dissolution proceeding, the conditions under
4 19 which a mediator may make recommendations to the court when
4 20 the parties are not in agreement at the conclusion of the
4 21 mediation proceedings, that a mediation agreement must be
4 22 discussed and approved by the parties and their respective
4 23 attorneys if it is to be used by the court, that rules may be
4 24 prescribed by the supreme court to carry out the bill, and
4 25 that mediation is not to be utilized if domestic abuse exists
4 26 or if the court determines that direct physical harm or
4 27 significant emotional harm to the child, other children, or a
4 28 parent is likely to result. Costs of mediation are to be
4 29 charged as court costs and paid by the parties.
4 30 LSB 1167YH 78
4 31 pf/jw/5.1
Text: HF00296 Text: HF00298 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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