H.F. _____ Section 1. NEW SECTION . 598.41E Violation of visitation 1 order or parenting plan —— substantial change in circumstances. 2 1. The violation by a parent of a visitation order or a 3 parenting plan resulting in disruption of the court-ordered 4 visitation or parenting plan schedule shall be considered a 5 factor in determining the best interest of the child in any 6 modification proceeding if the parent’s decision not to comply 7 was unilateral, the circumstances did not involve an emergency 8 situation, and no reasonable attempt was made by the parent 9 prior to the noncompliance to reschedule time with the other 10 parent. 11 2. An established pattern of violations involving a 12 visitation order or parenting plan described in subsection 1 13 shall be considered a substantial change in circumstances and 14 grounds for modification. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill provides that if a parent violates a visitation 19 order or parenting plan and the violation results in disruption 20 of the court-ordered visitation or parenting plan schedule, 21 the violation shall be considered a factor in determining the 22 best interest of the child in any modification proceeding 23 if the parent’s decision not to comply was unilateral, the 24 circumstances did not involve an emergency, and no reasonable 25 attempt was made by the parent prior to the noncompliance to 26 reschedule time with the other parent. An established pattern 27 of violations involving a visitation order or parenting plan is 28 considered a substantial change in circumstances and grounds 29 for modification. 30 -1- LSB 1976YC (4) 88 pf/rh 1/ 1