HF 3220

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 11:45am

A bill for an act
relating to civil law; regulating the use of parenting consultants in family court
cases; amending Minnesota Statutes 2014, section 518.1751, subdivision 4, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 518.1751, subdivision 4, is amended to read:

Subd. 4.

Other agreements.

new text begin (a) A person selected by the parties to serve as a
parenting consultant must meet the qualifications in subdivision 2c for a parenting time
expeditor or the qualifications of a marriage and family therapist in section 148B.33,
subdivision 1. For the purposes of this section, a "parenting consultant" is a third-party
neutral hired by the parties to resolve parenting time disputes and other parenting conflicts.
new text end

new text begin (b) The role of a parenting consultant is to assist and guide the parties in resolving
issues that arise because of the implementation of a custody and parenting time court
order. A parenting consultant does not have the authority to modify a custody order or
change the percentage of the parenting time awarded to either party.
new text end

new text begin (c) Any party may discharge a parenting consultant by serving a written notice on
the consultant. The party shall also file the notice with the court and serve all parties with
the notice. The court may discharge a parenting consultant when the court finds that the
consultant is not serving the best interest of the child.
new text end

new text begin (d) new text end This section does not preclude the parties from voluntarily agreeing to submit
their parenting time dispute to a neutral third party or from otherwise resolving parenting
time disputes on a voluntary basis.

Sec. 2.

Minnesota Statutes 2014, section 518.1751, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Decisions of parenting consultants. new text end

new text begin The decisions of a parenting
consultant shall not be binding on the parties to an action under this chapter. The court
shall not be bound by the decisions of a parenting time consultant. The court shall
treat evidence of a parenting consultant's determination as inadmissible to proceedings
commenced under this chapter. Any evidence, evaluations, or recommendations made
by a parenting consultant shall not be admissible in court.
new text end