HF 5072

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 11:23am

A bill for an act
relating to civil law; regulating the use of parenting consultants in family court
cases; amending Minnesota Statutes 2022, section 518.1751, subdivision 4, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, 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 due to implementing a custody and parenting time court order. A parenting
consultant may not 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 providing written notice to the
consultant. The party must 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 2022, 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
must not be binding on the parties to an action under this chapter. The court must not be
bound by the decisions of a parenting time consultant. The court must 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
must not be admissible in court.
new text end