Text: HF00288                           Text: HF00290
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 289

Partial Bill History

Bill Text

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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