SENATE FILE 34

BY  BEALL

A BILL FOR

An Act relating to required mediation as part of a custody order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 598.41, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.
  a.  Any order awarding joint custody of a child may require the parents to participate in mediation subsequent to the granting of the award, at the request of either party, or if the court determines that participation by the parents in mediation is in the best interest of the child.
   b.  The court shall not require participation in mediation if the court determines that a history of domestic abuse exists as specified in subsection 3, paragraph “j”, or unless the court determines that direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result.
   c.  Mediation performed under this subsection shall comply with the provisions of chapter 679C.
   d.  The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. Mediation shall be provided on a sliding scale for parties who are determined to be indigent pursuant to section 815.9.
EXPLANATION
   This bill provides that in any order awarding joint custody of a child, the court may require the parents to participate in mediation subsequent to the granting of the order, if either parent so requests or if the court determines that it is in the best interest of the child. Participation is not to be required if a history of domestic abuse exists, or if the court determines that direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result. Mediation is to comply with the provisions of Code chapter 679C (Mediation) and the costs of mediation are to be borne by the parties as agreed to by the parties, or as ordered by the court. Mediation is to be provided on a sliding fee schedule for those determined to be indigent.