Text: HF00481 Text: HF00483 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.7A, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 6. Notwithstanding the provisions of this 1 4 section providing discretion to the court in ordering 1 5 mediation, unless the court determines that a history of 1 6 domestic abuse exists as specified in section 598.41, 1 7 subsection 3, paragraph "j", or unless the court determines 1 8 that direct physical harm or significant emotional harm to the 1 9 child, other children, or a parent is likely to result, the 1 10 court shall require the parties to participate in mediation in 1 11 any dissolution of marriage action or other domestic relations 1 12 action which involves custody of a child. 1 13 Sec. 2. Section 598.41, subsection 2, paragraph d, Code 1 14 2001, is amended to read as follows: 1 15 d. Before ruling upon the joint custody petition in these 1 16 cases, unless the court determines that a history of domestic 1 17 abuse exists as specified in subsection 3, paragraph "j", or 1 18 unless the court determines that direct physical harm or 1 19 significant emotional harm to the child, other children, or a 1 20 parent is likely to result, the courtmayshall require the 1 21 parties to participate in custody mediation to determine 1 22 whether joint custody is in the best interest of the child. 1 23 The court may require the child's participation in the 1 24 mediation insofar as the court determines the child's 1 25 participation is advisable. 1 26 Sec. 3. Section 598.41, subsection 8, Code 2001, is 1 27 amended to read as follows: 1 28 8. If an application for modification of a decree or a 1 29 petition for modification of an order is filed, based upon 1 30 differences between the parents regarding the custody 1 31 arrangement established under the decree or order, unless the 1 32 court determines that a history of domestic abuse exists as 1 33 specified in subsection 3, paragraph "j", or unless the court 1 34 determines that direct physical harm or significant emotional 1 35 harm to the child, other children, or a parent is likely to 2 1 result, the courtmayshall require the parents to participate 2 2 in mediation to attempt to resolve the differences between the 2 3 parents. 2 4 EXPLANATION 2 5 This bill provides for mandatory participation in mediation 2 6 in proceedings relating to custody of a child. The bill 2 7 requires mediation in dissolution of marriage and other 2 8 domestic relations actions which involve custody of a child. 2 9 The bill also provides that in the determination of a custody 2 10 arrangement, whether initially or at the time of modification 2 11 of a decree or order, if the parents do not agree, the court 2 12 is required to order the parents to participate in mediation 2 13 to resolve their differences. The requirement does not apply 2 14 if the court determines that a history of domestic abuse 2 15 exists or if the court determines that direct physical harm or 2 16 significant emotional harm to the child, other children, or a 2 17 parent is likely to result. 2 18 LSB 3046HH 79 2 19 pf/cls/14
Text: HF00481 Text: HF00483 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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