Text: HF02157 Text: HF02159 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.7A, Code Supplement 2001, is 1 2 amended to read as follows: 1 3 598.7A MEDIATION. 1 4 1. The district court may, on its own motion or on the 1 5 motion of any party, order the parties to participate in 1 6 mediation in any dissolution of marriage action or other 1 7 domestic relations action. Mediation performed under this 1 8 section shall comply with the provisions of chapter 679C. The 1 9 provisions of this section shall not apply if the action 1 10 involves a child support or medical support obligation 1 11 enforced by the child support recovery unit. The provisions 1 12 of this section shall not apply to actions which involve 1 13 domestic abuse pursuant to chapter 236 or actions which 1 14 involve founded child abuse pursuant to section 232.71D. The 1 15 provisions of this section shall not affect a judicial 1 16 district's or court's authority to order settlement 1 17 conferences pursuant to rules of civil procedure. The court 1 18 shall, on application of a party, grant a waiver from any 1 19 court-ordered mediation under this section if the party 1 20 demonstrates that a history of domestic abuse exists as 1 21 specified in section 598.41, subsection 3, paragraph "j", or 1 22 if the party demonstrates that a history of founded child 1 23 abuse exists as specified in section 598.41, subsection 3, 1 24 paragraph "k". 1 25 Sec. 2. Section 598.41, subsection 1, paragraphs b, c, and 1 26 d, Code 2001, are amended to read as follows: 1 27 b. Notwithstanding paragraph "a", if the court finds that 1 28 a history of domestic abuse exists or a history of founded 1 29 child abuse exists, a rebuttable presumption against the 1 30 awarding of joint custody exists. 1 31 c. The court shall consider the denial by one parent of 1 32 the child's opportunity for maximum continuing contact with 1 33 the other parent, without just cause, a significant factor in 1 34 determining the proper custody arrangement. Just cause may 1 35 include a determination by the court pursuant to subsection 3, 2 1 paragraph "j", that a history of domestic abuse exists between 2 2 the parents or a determination by the court pursuant to 2 3 subsection 3, paragraph "k", that a history of founded child 2 4 abuse exists. 2 5 d. If a history of domestic abuse exists as determined by 2 6 a court pursuant to subsection 3, paragraph "j", and if a 2 7 parent who is a victim of such domestic abuse relocates or is 2 8 absent from the home based upon the fear of or actual acts or 2 9 threats of domestic abuse perpetrated by the other parent, or 2 10 if a history of founded child abuse exists as determined by a 2 11 court pursuant to subsection 3, paragraph "k", the court shall 2 12 not consider the relocation or absence ofthatthe parent who 2 13 is the victim of domestic abuse or the parent who is not the 2 14 perpetrator of the founded child abuse as a factor against 2 15 that parent in the awarding of custody or visitation. 2 16 Sec. 3. Section 598.41, subsection 2, paragraphs c and d, 2 17 Code 2001, are amended to read as follows: 2 18 c. A finding by the court that a history of domestic abuse 2 19 exists, as specified in subsection 3, paragraph "j", or a 2 20 finding by the court that a history of founded child abuse 2 21 exists, as specified in subsection 3, paragraph "k", which is 2 22 not rebutted, shall outweigh consideration of any other factor 2 23 specified in subsection 3 in the determination of the awarding 2 24 of custody under this subsection. 2 25 d. Before ruling upon the joint custody petition in these 2 26 cases, unless the court determines that a history of domestic 2 27 abuse exists as specified in subsection 3, paragraph "j", or 2 28 unless the court determines that a history of founded child 2 29 abuse exists as specified in subsection 3, paragraph "k", or 2 30 unless the court determines that direct physical harm or 2 31 significant emotional harm to the child, other children, or a 2 32 parent is likely to result, the court may require the parties 2 33 to participate in custody mediation to determine whether joint 2 34 custody is in the best interest of the child. The court may 2 35 require the child's participation in the mediation insofar as 3 1 the court determines the child's participation is advisable. 3 2 Sec. 4. Section 598.41, subsection 3, Code 2001, is 3 3 amended by adding the following new paragraph: 3 4 NEW PARAGRAPH. k. Whether a history of founded child 3 5 abuse pursuant to section 232.71D exists. 3 6 Sec. 5. Section 598.41, subsection 8, Code 2001, is 3 7 amended to read as follows: 3 8 8. If an application for modification of a decree or a 3 9 petition for modification of an order is filed, based upon 3 10 differences between the parents regarding the custody 3 11 arrangement established under the decree or order, unless the 3 12 court determines that a history of domestic abuse exists as 3 13 specified in subsection 3, paragraph "j", or unless the court 3 14 determines that a history of founded child abuse exists as 3 15 specified in subsection 3, paragraph "k", or unless the court 3 16 determines that direct physical harm or significant emotional 3 17 harm to the child, other children, or a parent is likely to 3 18 result, the court may require the parents to participate in 3 19 mediation to attempt to resolve the differences between the 3 20 parents. 3 21 EXPLANATION 3 22 This bill provides that a history of founded child abuse, 3 23 as is currently the case with a history of domestic abuse, is 3 24 to be a consideration in the awarding of custody of a child. 3 25 The bill provides in addition to a history of domestic abuse, 3 26 if a history of founded child abuse exists, a rebuttable 3 27 presumption against the awarding of joint custody exists. 3 28 Current law provides that the court is to consider the 3 29 denial by one parent of the opportunity for maximum continuing 3 30 contact with the other parent, without just cause, a 3 31 significant factor in the awarding of custody. Under the 3 32 bill, "just cause" would include a determination by the court 3 33 that a history of founded child abuse exists. 3 34 The bill also provides that if a history of founded child 3 35 abuse exists, the court shall not consider the relocation or 4 1 absence of the parent who is not the perpetrator of the 4 2 founded child abuse as a factor against that parent in the 4 3 awarding of custody or visitation. 4 4 Under the bill, a finding by the court that a history of 4 5 founded child abuse exists, which is not rebutted, outweighs 4 6 consideration of any other factor specified to be considered 4 7 by the court in the determination of the awarding of custody 4 8 when the parents do not agree to joint custody. 4 9 The bill provides that before ruling upon the joint custody 4 10 petition in cases in which the parents do not agree to joint 4 11 custody, in addition to other contingences, unless the court 4 12 determines that a history of founded child abuse exists, the 4 13 court may require the parties to participate in custody 4 14 mediation to determine whether joint custody is in the best 4 15 interest of the child. 4 16 The bill requires that one of the factors that the court is 4 17 to consider when determining if the custody arrangement is in 4 18 the best interest of the child is whether a history of founded 4 19 child abuse exists. 4 20 The bill also provides that if an application for 4 21 modification of a decree or a petition for modification of an 4 22 order is filed, based upon differences between the parents 4 23 regarding the custody arrangement established under the decree 4 24 or order, the court may require the parents to participate in 4 25 mediation to attempt to resolve the differences between the 4 26 parents unless, in addition to existing considerations, the 4 27 court determines that a history of founded child abuse exists. 4 28 The bill also makes a conforming change relating to 4 29 mediation in domestic relations proceedings to provide for 4 30 consideration of a history of founded child abuse in the 4 31 decision to order the mediation. 4 32 LSB 6046HH 79 4 33 pf/cf/24
Text: HF02157 Text: HF02159 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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