HSB 117 (LSB 1976YC (4) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to violation of a visitation order or a parenting plan.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  598.41E  Violation of visitation order or parenting plan —— substantial change in circumstances.
   1.  The violation by a parent of a visitation order or a parenting plan resulting in disruption of the court-ordered visitation or parenting plan schedule shall be considered a factor in determining the best interest of the child in any modification proceeding if the parent’s decision not to comply was unilateral, the circumstances did not involve an emergency situation, and no reasonable attempt was made by the parent prior to the noncompliance to reschedule time with the other parent. 
   2.  An established pattern of violations involving a visitation order or parenting plan described in subsection 1 shall be considered a substantial change in circumstances and grounds for modification.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that if a parent violates a visitation order or parenting plan and the violation results in disruption of the court-ordered visitation or parenting plan schedule, the violation shall be considered a factor in determining the best interest of the child in any modification proceeding if the parent’s decision not to comply was unilateral, the circumstances did not involve an emergency, and no reasonable attempt was made by the parent prior to the noncompliance to reschedule time with the other parent. An established pattern of violations involving a visitation order or parenting plan is considered a substantial change in circumstances and grounds for modification.