FINAL BILL REPORT

HB 2155

PARTIAL VETO

                                  C 375 L 89

BYRepresentatives Appelwick and P. King 

Making changes to the parenting act.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

The Legislature enacted the Parenting Act in 1987.  The act took effect January 1, 1988.  The Parenting Act was a major revision of statutes governing the determination of parental responsibilities and rights after the dissolution of a marriage.  In the time since the Parenting Act was enacted, several areas for improvement have been identified.

The Parenting Act requires that a proposed parenting plan be filed with the petition for dissolution and with the response.  If a plan is not filed by one party, the other party may move for a default order.

The law requires proposed and permanent parenting plans to contain specific limitations governing any dispute resolution process and mutual decision making authority.  A plan must also contain a statement that a parent's failure to comply with one part of the plan does not affect the parent's obligations under the plan.  The Parenting Act itself does not explicitly impose these requirements, but only requires that they be stated in a plan.

When the court enters its order and adopts a parenting plan, it must designate one household as the child's residence for purposes of jurisdiction, venue, and child support.

Under circumstances where a parent has a history of committing acts of domestic violence, the permanent parenting plan may not require mutual decision-making or any dispute resolution process other than court action and must limit that parent's residential time with the child.

In contested custody proceedings, and in other proceedings where a party requests, the court may order an investigation relating to the parenting arrangements for a child.

The court must designate one parent as the custodian for purposes of other state and federal statutes which require a designation of a custodian. If the court fails to designate a parent as custodian, the parent with whom the child resides the majority of the time is the custodian for these limited purposes.

A relative may bring a civil action against another relative who prevents the exercise of the right to child custody by taking, enticing, or concealing the child from the relative.  This civil action does not apply to interference with visitation rights.

In a paternity action under the Uniform Parentage Act, the court must provide for the custody of the child and for visitation privileges with the child. These provisions must be made on the same basis as provided for in the Parenting Act.  It is not clear, however, whether making these residential provisions "on the same basis" requires completion of a parenting plan.

In paternity actions and in resolving domestic violence cases, the court may make determinations affecting the residential placement of a child.

SUMMARY:

A proposed parenting plan is not required at the time of filing of a petition for dissolution, but must be filed within 30 days after a case is noted for trial or 180 days after commencement of the action, whichever is earlier. By agreement of the parties, this 180 day limit may be extended.  The proposed parenting plan must include a verified statement that the parenting plan is proposed in good faith.

A written or electronic record must be made of any agreement or decision reached as a result of counseling, mediation or arbitration.

The court may not require mutual decision making or dispute resolution other than court action if a parent has a history of acts of domestic violence, or of assaultive behavior that causes grievous bodily harm or engenders fear of such harm.  The court must also limit a parent's residential time with the child if the parent has a history of such acts. The court must apply the civil rules of evidence, proof, and procedure in making these determinations.

The court may order an investigation into the parenting arrangements for a child in any case, whether or not the case is contested or a party requests.

The parenting plan must designate a custodian for purposes of other state or federal statutes.  The custodian for these purposes is the parent with whom the child resides a majority of the time.  If the parenting plan does not designate a custodian, the parent with whom the child resides a majority of the time is deemed to be the custodian.  This rule also applies in paternity actions and domestic violence cases.

A relative may bring a civil action against another relative for interference with the right to visitation.

In a paternity action, the court is still required to make residential provisions for minor children, but no parenting plan is required unless requested by a party.

References in the domestic violence act to custody and visitation are modified to reflect Parenting Act terminology.

Explicit direction is given for the use of parenting plans in marital separation agreements.

Several obsolete references to custody and visitation are corrected and a double amendment is corrected.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    44     2 (Senate amended)

      House             (House concurred in part)

      Senate    32     6 (Senate receded)

      House 97   0

EFFECTIVE:May 12, 1989

Partial Veto Summary:  The partial veto prevents a double amendment by removing a section of the bill that is also contained in another bill.  (See VETO MESSAGE)