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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