Text: HF00677 Text: HF00679 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 678 1 2 1 3 AN ACT 1 4 RELATING TO CHILD CUSTODY AND VISITATION INCLUDING THE REQUIRE- 1 5 MENT OF A SETTLEMENT CONFERENCE OR MEDIATION WHEN A CUSTODY 1 6 ARRANGEMENT IS DISPUTED, AND PROVIDING AN EFFECTIVE DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 598.7A, Code Supplement 2001, is 1 11 amended by adding the following new subsection: 1 12 NEW SUBSECTION. 6. Notwithstanding the provisions of this 1 13 section providing discretion to the court in ordering 1 14 mediation, unless the court determines that a history of 1 15 domestic abuse exists as specified in section 598.41, 1 16 subsection 3, paragraph "j", or unless the court determines 1 17 that direct physical harm or significant emotional harm to the 1 18 child, other children, or a parent is likely to result, the 1 19 court shall require the parties to participate in mediation or 1 20 a settlement conference in any dissolution of marriage action 1 21 or other domestic relations action which involves custody of a 1 22 child, unless the parties have agreed upon custody and 1 23 visitation prior to a court hearing or trial. The 1 24 participation in mediation or a settlement conference under 1 25 this subsection shall include receiving assistance in the 1 26 completion of a parenting agreement between the parties that 1 27 specifies the details of visitation. 1 28 Sec. 2. Section 598.41, subsection 2, paragraph d, Code 1 29 2001, is amended to read as follows: 1 30 d. Before ruling upon the joint custody petition in these 1 31 cases, unless the court determines that a history of domestic 1 32 abuse exists as specified in subsection 3, paragraph "j", or 1 33 unless the court determines that direct physical harm or 1 34 significant emotional harm to the child, other children, or a 1 35 parent is likely to result, the courtmayshall require the 2 1 parties to participate in custody mediation or a settlement 2 2 conference to determine whether joint custody is in the best 2 3 interest of the child. The participation in mediation or a 2 4 settlement conference required under this paragraph shall 2 5 include receiving assistance in the completion of a parenting 2 6 agreement between the parties that specifies the details of 2 7 visitation. The court may require the child's participation 2 8 in the mediation or settlement conference insofar as the court 2 9 determines the child's participation is advisable. 2 10 Sec. 3. Section 598.41, subsection 5, Code 2001, is 2 11 amended to read as follows: 2 12 5. a. Joint physical care may be in the best interest of 2 13 the child, but joint legal custody does not require joint 2 14 physical care. 2 15 b. On the application of either parent, the court shall 2 16 consider granting joint physical care. 2 17 c. When the court determines such action would be in the 2 18 best interest of the child and would preserve the relationship 2 19 between each parent and the child, joint physical care may be 2 20 awarded to both joint custodial parents or physical care may 2 21 be awarded to one joint custodial parent. 2 22 d. If one joint custodial parent is awarded physical care, 2 23 the parent responsible for providing physical care shall 2 24 support the other parent's relationship with the child. 2 25 Physical care awarded to one parent does not affect the other 2 26 parent's rights and responsibilities as a joint legal 2 27 custodian of the child. Rights and responsibilities as joint 2 28 legal custodian of the child include, but are not limited to, 2 29 equal participation in decisions affecting the child's legal 2 30 status, medical care, education, extracurricular activities, 2 31 and religious instruction. 2 32 Sec. 4. Section 598.41, subsection 8, Code 2001, is 2 33 amended to read as follows: 2 34 8. If an application for modification of a decree or a 2 35 petition for modification of an order is filed, based upon 3 1 differences between the parents regarding the custody 3 2 arrangement established under the decree or order, unless the 3 3 court determines that a history of domestic abuse exists as 3 4 specified in subsection 3, paragraph "j", or unless the court 3 5 determines that direct physical harm or significant emotional 3 6 harm to the child, other children, or a parent is likely to 3 7 result, the courtmayshall require the parents to participate 3 8 in mediation or a settlement conference to attempt to resolve 3 9 the differences between the parents. The participation in 3 10 mediation or a settlement conference required under this 3 11 subsection shall include receiving assistance in the 3 12 modification of a parenting agreement between the parties, if 3 13 applicable, that specifies the details of visitation. 3 14 Sec. 5. Section 598.41, Code 2001, is amended by adding 3 15 the following new subsection: 3 16 NEW SUBSECTION. 9. The supreme court shall prescribe a 3 17 model parenting agreement form to be used in establishing the 3 18 visitation provisions of a temporary or final custody award or 3 19 in modifying the visitation provisions of a temporary or final 3 20 custody award. The court shall also prescribe rules for 3 21 enforcement of parenting agreements. 3 22 Sec. 6. EFFECTIVE DATE. This Act takes effect July 1, 3 23 2003. 3 24 3 25 3 26 3 27 BRENT SIEGRIST 3 28 Speaker of the House 3 29 3 30 3 31 3 32 MARY E. KRAMER 3 33 President of the Senate 3 34 3 35 I hereby certify that this bill originated in the House and 4 1 is known as House File 678, Seventy-ninth General Assembly. 4 2 4 3 4 4 4 5 MARGARET THOMSON 4 6 Chief Clerk of the House 4 7 Approved , 2002 4 8 4 9 4 10 4 11 THOMAS J. VILSACK 4 12 Governor
Text: HF00677 Text: HF00679 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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