House File 397 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring participation in mediation in certain
2 proceedings related to child custody.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2510HH 81
5 pf/cf/24
PAG LIN
1 1 Section 1. Section 598.7A, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. The supreme court shall prescribe rules for the
1 4 mediation program, including the circumstances under which the
1 5 district court may and circumstances under which the district
1 6 court shall order participation in mediation.
1 7 Sec. 2. Section 598.7A, Code 2005, is amended by adding
1 8 the following new subsection:
1 9 NEW SUBSECTION. 6. Notwithstanding the provision of this
1 10 section providing discretion to the court in ordering
1 11 mediation, unless a party demonstrates that a history of
1 12 domestic abuse exists as specified in section 598.41,
1 13 subsection 3, paragraph "j", or unless the court determines
1 14 that direct physical harm or significant emotional harm to the
1 15 child, other children, or a parent is likely to result, the
1 16 court shall require the parties to participate in mediation in
1 17 any dissolution of marriage action or other domestic relations
1 18 action which involves custody of a child.
1 19 Sec. 3. Section 598.41, subsection 2, paragraph d, Code
1 20 2005, is amended to read as follows:
1 21 d. Before ruling upon the joint custody petition in these
1 22 cases, unless the court determines that a history of domestic
1 23 abuse exists as specified in subsection 3, paragraph "j", or
1 24 unless the court determines that direct physical harm or
1 25 significant emotional harm to the child, other children, or a
1 26 parent is likely to result, the court may shall require the
1 27 parties to participate in custody mediation to determine
1 28 whether joint custody is in the best interest of the child.
1 29 The court may require the child's participation in the
1 30 mediation insofar as the court determines the child's
1 31 participation is advisable.
1 32 Sec. 4. Section 598.41, subsection 8, Code 2005, is
1 33 amended to read as follows:
1 34 8. If an application for modification of a decree or a
1 35 petition for modification of an order is filed, based upon
2 1 differences between the parents regarding the custody
2 2 arrangement established under the decree or order, unless the
2 3 court determines that a history of domestic abuse exists as
2 4 specified in subsection 3, paragraph "j", or unless the court
2 5 determines that direct physical harm or significant emotional
2 6 harm to the child, other children, or a parent is likely to
2 7 result, the court may shall require the parents to participate
2 8 in mediation to attempt to resolve the differences between the
2 9 parents.
2 10 EXPLANATION
2 11 This bill provides for mandatory participation in mediation
2 12 in proceedings relating to custody of a child. The bill
2 13 requires mediation in dissolution of marriage and other
2 14 domestic relations actions which involve custody of a child.
2 15 The bill also provides that in the determination of a custody
2 16 arrangement, whether initially or at the time of modification
2 17 of a decree or order, if the parents do not agree, the court
2 18 is required to order the parents to participate in mediation
2 19 to resolve their differences. The requirement does not apply
2 20 if the court determines that a history of domestic abuse
2 21 exists or if the court determines that direct physical harm or
2 22 significant emotional harm to the child, other children, or a
2 23 parent is likely to result.
2 24 LSB 2510HH 81
2 25 pf:nh/cf/24