Text: HF00288 Text: HF00290 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.5, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 11. State whether a history of
1 4 differences exists between the parties regarding custody or
1 5 visitation of any child of the parties.
1 6 Sec. 2. Section 598.7A, Code 2001, is amended by adding
1 7 the following new subsection:
1 8 NEW SUBSECTION. 1A. If the petition for dissolution of
1 9 marriage or the answer filed by the respondent includes a
1 10 statement that a history of differences exists between the
1 11 parties regarding custody or visitation of any child of the
1 12 parties, unless participation in mediation is otherwise
1 13 disallowed pursuant to subsection 1, the court shall order the
1 14 parties to participate in mediation to resolve the
1 15 differences. If the parties are unable to resolve the
1 16 differences through mediation, the court may order the posting
1 17 of a cash bond to assure compliance with any temporary order
1 18 for custody and visitation.
1 19 Sec. 3. Section 598.11, Code 2001, is amended by adding
1 20 the following new unnumbered paragraph:
1 21 NEW UNNUMBERED PARAGRAPH. Prior to the completion of
1 22 participation in mediation pursuant to section 598.7A, in
1 23 awarding temporary custody and visitation, if the court is
1 24 satisfied from the evidence presented that a parent may not
1 25 comply with the visitation provisions of the order, the court
1 26 may order the posting of a cash bond to assure compliance with
1 27 the order. The court may also order the parties to provide
1 28 contact with the child through a neutral party or a neutral
1 29 site or center. Following completion of participation in
1 30 mediation, if the parties are unable to resolve their
1 31 differences relating to custody and visitation in awarding
1 32 temporary custody and visitation, the court shall order the
1 33 posting of a cost bond to assure compliance with the order.
1 34 The court may also order the parties to provide contact with
1 35 the child through a neutral party or a neutral site or center.
2 1 The supreme court shall prescribe guidelines for forfeiture of
2 2 the bond and restoration of the bond following forfeiture of
2 3 the bond.
2 4 Sec. 4. Section 598.23, Code 2001, is amended by adding
2 5 the following new subsection:
2 6 NEW SUBSECTION. 3. If a person against whom a final
2 7 decree has been entered willfully disobeys the custody order
2 8 and fails to comply with the visitation provisions of the
2 9 order two or more times, the person shall be cited, and as an
2 10 alternative to punishment for contempt shall be required to
2 11 post a cash bond to assure compliance with the custody order
2 12 including the visitation provisions of the order. The supreme
2 13 court shall prescribe guidelines for forfeiture of the bond
2 14 and restoration of the bond following forfeiture of the bond.
2 15 Sec. 5. Section 598.41, Code 2001, is amended by adding
2 16 the following new subsections:
2 17 NEW SUBSECTION. 5A. In awarding custody and visitation,
2 18 if the court is satisfied, from the evidence presented
2 19 including a history of noncompliance with a temporary custody
2 20 and visitation order and the results of participation in
2 21 mediation by the parties ordered pursuant to section 598.7A,
2 22 that a parent may not comply with the visitation provisions of
2 23 the order, the court shall order the posting of a cash bond to
2 24 assure compliance with the order. The supreme court shall
2 25 prescribe guidelines for forfeiture of the bond and
2 26 restoration of the bond following forfeiture of the bond.
2 27 NEW SUBSECTION. 9. In order to assure the child the
2 28 opportunity for the maximum continuing physical and emotional
2 29 contact with both parents, the supreme court shall prescribe a
2 30 model minimum visitation schedule to be used in establishing
2 31 the visitation provisions of the temporary or final custody
2 32 award. The model schedule shall provide the flexibility
2 33 necessary to preserve, to the maximum extent possible, the
2 34 relationship between each parent and the child prior to the
2 35 separation. The model schedule shall also permit the
3 1 adjustment necessary to reflect the geographic proximity of
3 2 the residences of the parents and the travel time necessary
3 3 for visitation purposes. The court shall use the model
3 4 minimum visitation schedule, and shall not order a lesser
3 5 amount of days or hours of visitation as provided in the model
3 6 schedule, unless the court determines that the schedule is
3 7 unjust or inappropriate based upon the individual
3 8 circumstances of the case.
3 9 EXPLANATION
3 10 This bill provides for the posting of a cash bond to assure
3 11 that parties involved in a domestic relations action in which
3 12 custody and visitation are at issue will comply with the order
3 13 of the court at various stages of the action. The bill
3 14 provides that a petition for dissolution of marriage shall
3 15 state whether a history of differences exists between the
3 16 parties regarding custody and visitation, and if the petition
3 17 or the answer to the petition so states, the court is to order
3 18 mediation, unless otherwise disallowed, to resolve the
3 19 differences. If the parties are unable to resolve the
3 20 differences through mediation, the court may order the posting
3 21 of a cash bond to assure compliance. If the court awards
3 22 temporary custody and visitation prior to completion of
3 23 mediation, the court may order the posting of a cash bond if
3 24 there is evidence that a parent may not comply. Following
3 25 completion of mediation, as indicted above, if the differences
3 26 are not resolved, the court is required to order the posting
3 27 of a cash bond to assure compliance. The court may also order
3 28 the parties to provide contact with the child through a
3 29 neutral party or a neutral site or center.
3 30 In entering a final decree, the court is to require the
3 31 posting of a cash bond to assure compliance with a custody and
3 32 visitation order if certain evidence exists, including
3 33 noncompliance with a temporary order or failure to resolve
3 34 differences regarding custody and visitation through
3 35 mediation.
4 1 Following the entry of a final decree, if a party willfully
4 2 disobeys the visitation provisions of the custody order two or
4 3 more times, the court is required to order the posting of a
4 4 cash bond to assure compliance with the order.
4 5 The bill also directs the supreme court to prescribe a
4 6 minimum model visitation schedule to be used in establishing
4 7 visitation. The bill requires that the schedule provide for
4 8 flexibility and adjustment and provide that a schedule is to
4 9 be used unless the court determines that the schedule is
4 10 unjust or inappropriate based upon the individual
4 11 circumstances of the case.
4 12 LSB 2317HH 79
4 13 pf/pj/5
Text: HF00288 Text: HF00290 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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