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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