SF 2186

Introduction - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to family law; parenting time expeditors;
giving the district court ongoing jurisdiction of
expeditor fees; permitting an expeditor to communicate
with the court about a parenting time dispute;
amending Minnesota Statutes 2004, section 518.1751,
subdivisions 2a, 4a.

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

Section 1.

Minnesota Statutes 2004, section 518.1751,
subdivision 2a, is amended to read:

Subd. 2a.

Fees.

Prior to appointing the parenting time
expeditor, the court shall give the parties notice that the fees
of the expeditor will be apportioned among the parties. In its
order appointing the expeditor, the court shall apportion the
fees of the expeditor among the parties, with each party bearing
the portion of fees that the court determines is just and
equitable under the circumstances. If a party files a pro se
motion regarding a parenting time dispute and there is not a
court order that provides for apportionment of the fees of an
expeditor, the court administrator may require the party
requesting the appointment of an expeditor to pay the fees of
the expeditor in advance. Neither party may be required to
submit a dispute to a visitation expeditor if the party cannot
afford to pay for the fees of an expeditor and an affordable
expeditor is not available, unless the other party agrees to pay
the fees. After fees are incurred, a party may by motion
request that the fees be reapportioned on equitable grounds.
The court may consider the resources of the parties, the nature
of the dispute, and whether a party acted in bad faith. The
court may consider information from the expeditor in determining
bad faith. new text begin The court has ongoing jurisdiction of the issue of
payment of expeditor fees.
new text end

Sec. 2.

Minnesota Statutes 2004, section 518.1751,
subdivision 4a, is amended to read:

Subd. 4a.

Confidentiality.

(a) Statements made and
documents produced as part of the parenting time expeditor
process which are not otherwise discoverable are not subject to
discovery or other disclosure and are not admissible into
evidence for any purpose at trial or in any other proceeding,
including impeachment.

(b) Sworn testimony may be used in subsequent proceedings
for any purpose for which it is admissible under the Rules of
Evidence. Parenting time expeditors, and lawyers for the
parties to the extent of their participation in the parenting
time expeditor process, must not be subpoenaed or called as
witnesses in court proceedings.

(c) Notes, records, and recollections of parenting time
expeditors are confidential and must not be disclosed to the
parties, the public, or anyone other than the parenting time
expeditor unless:

(1) all parties and the expeditor agree in writing to the
disclosure; or

(2) disclosure is required by law or other applicable
professional codes.

Notes and records of parenting time expeditors must not be
disclosed to the court unless after a hearing the court
determines that the notes or records should be reviewed in
camera. Those notes or records must not be released by the
court unless it determines that they disclose information
showing illegal violation of the criminal law of the state.

new text begin (d) Notwithstanding contrary provisions of this
subdivision, a parenting time expeditor may consult with the
court about the expeditor's role in resolving a parenting time
dispute.
new text end