Text: HF00481                           Text: HF00483
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 482

Partial Bill History

Bill Text

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 court may shall 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 court may shall 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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