SENATE BILL REPORT

HB 1463

BYRepresentatives Belcher, Locke, Hargrove, Crane, Wang and Todd

Providing for orders requiring parents to comply with residential provisions for a child.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 17, 1988; February 25, 1988; February 26, 1988

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Madsen, Nelson, Newhouse, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 26, 1988

BACKGROUND:

Courts have inherent and statutory authority to enforce their orders.  This authority may be used to coerce a person into compliance with the court's order or to punish a person for failure to comply with the order.  Coercive contempt must be designed to obtain compliance only.  As soon as the person complies with the order, the court's sanction must be lifted.  Punitive contempt is not subject to this limitation.

Under the dissolution of marriage act, the court must approve a parenting plan which includes residential provisions for children of the marriage.

SUMMARY:

A motion may be filed in superior court to enforce the residential provisions contained in a court order. If the court finds reasonable cause to believe that a parent is not complying with its order, it may schedule a show cause hearing regarding why the parent is not in compliance.  If the court determines at the hearing that the parent, without reasonable excuse, has not complied with the order making residential provisions for the child and that the parent is able to comply, but is unwilling to comply, the court may find the parent in contempt.  The court may order the parent imprisoned in the county jail until the parent agrees to comply with the order, up to a maximum of 180 days.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Representative Belcher