SF 1311

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage dissolution; changing procedures 
  1.3             and terminology related to parenting plans, rights, 
  1.4             and obligations; amending Minnesota Statutes 1996, 
  1.5             sections 518.003, subdivisions 3 and 4; 518.005, 
  1.6             subdivision 2; 518.131; 518.155; 518.156; 518.157; 
  1.7             518.158; 518.165, subdivisions 1, 2, and 2a; 518.166; 
  1.8             518.167; 518.168; 518.17, subdivisions 1, 3, and 6; 
  1.9             518.175; 518.1751; 518.176; 518.177; 518.179, 
  1.10            subdivision 1; 518.18; 518.185; 518.5511, subdivision 
  1.11            1; 518.552, subdivisions 1 and 2; 518.57, subdivision 
  1.12            4; and 518.619, subdivisions 1, 3, and 4; repealing 
  1.13            Minnesota Statutes 1996, section 518.17, subdivision 2.
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 518.003, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [CUSTODY PARENTING.] Unless otherwise agreed by 
  1.18  the parties: 
  1.19     (a) "Legal custody" "Parenting obligations" means the right 
  1.20  to determine duties each parent or designated caregiver has 
  1.21  concerning the child's upbringing, including education, health 
  1.22  care, and religious training.  There is a rebuttable presumption 
  1.23  that both parents have equal rights and responsibilities, 
  1.24  including the right to participate in major decisions 
  1.25  determining the child's upbringing, including education, health 
  1.26  care, and religious training. 
  1.27     (b) "Joint legal custody" means that both parents have 
  1.28  equal rights and responsibilities, including the right to 
  1.29  participate in major decisions determining the child's 
  2.1   upbringing, including education, health care, and religious 
  2.2   training.  "Parenting plan" means the plan for dividing 
  2.3   responsibilities for the care of a child or children, including 
  2.4   a parenting schedule, guidelines for decision making, and 
  2.5   criteria for determining changes in case a parent moves and 
  2.6   addressing other needs a particular child may have. 
  2.7      (c) "Physical custody and residence" means "Parenting 
  2.8   schedule" determines the routine daily care and control and the 
  2.9   residence of the child.  
  2.10     (d) "Joint physical custody" means that the routine daily 
  2.11  care and control and the residence of the child is structured 
  2.12  between the parties.  
  2.13     (e) Wherever used in this chapter, the term "custodial 
  2.14  parent" or "custodian" means the person who has the physical 
  2.15  custody of the child at any particular time.  
  2.16     (f) "Custody determination" "Parenting review" means a 
  2.17  court decision and court orders and instructions providing for 
  2.18  the custody parenting of a child, including visitation rights 
  2.19  structured parenting schedules, but does not include a decision 
  2.20  relating to child support or any other monetary obligation of 
  2.21  any person.  
  2.22     (g) "Custody proceeding" (e) "Parenting proceeding" 
  2.23  includes proceedings in which a custody determination is one of 
  2.24  several issues parenting obligations are at issue, such as an 
  2.25  action for dissolution, divorce, or separation, and includes 
  2.26  proceedings involving children who are in need of protection or 
  2.27  services, domestic abuse, and paternity. 
  2.28     (f) "Designated caregiver" is a third party with parenting 
  2.29  obligations and rights to participate in a parenting plan. 
  2.30     Sec. 2.  Minnesota Statutes 1996, section 518.003, 
  2.31  subdivision 4, is amended to read: 
  2.32     Subd. 4.  [MEDIATION.] "Mediation" means a process in which 
  2.33  an impartial third party facilitates an agreement between two or 
  2.34  more parties in a proceeding under this chapter. 
  2.35     Sec. 3.  Minnesota Statutes 1996, section 518.005, 
  2.36  subdivision 2, is amended to read: 
  3.1      Subd. 2.  [TITLES OF PROCEEDINGS.] A proceeding for 
  3.2   dissolution of marriage, legal separation, or annulment shall be 
  3.3   entitled "In re the Marriage of .......... and .......... ."  
  3.4   A custody parenting or support proceeding shall be entitled "In 
  3.5   re the (Custody) (Parenting) (Support) of .......... ." 
  3.6      Sec. 4.  Minnesota Statutes 1996, section 518.131, is 
  3.7   amended to read: 
  3.8      518.131 [TEMPORARY ORDERS AND RESTRAINING ORDERS.] 
  3.9      Subdivision 1.  [CONTENTS OF ORDER.] In a proceeding 
  3.10  brought for custody parenting review, dissolution, or legal 
  3.11  separation, or for disposition of property, maintenance, or 
  3.12  child support following the dissolution of a marriage, either 
  3.13  party may, by motion, request from the court and the court may 
  3.14  grant a temporary order pending the final disposition of the 
  3.15  proceeding to or for:  
  3.16     (a) (1) a temporary custody and visitation rights of 
  3.17  parenting plan for the minor children of the parties; 
  3.18     (b) (2) temporary maintenance of either spouse; 
  3.19     (c) (3) temporary child support for the children of the 
  3.20  parties; 
  3.21     (d) (4) temporary costs and reasonable attorney fees; 
  3.22     (e) (5) award the temporary use and possession, exclusive 
  3.23  or otherwise, of the family home, furniture, household goods, 
  3.24  automobiles, and other property of the parties; 
  3.25     (f) (6) restrain one or both parties from transferring, 
  3.26  encumbering, concealing, or disposing of property except in the 
  3.27  usual course of business or for the necessities of life, and to 
  3.28  account to the court for all such transfers, encumbrances, 
  3.29  dispositions, and expenditures made after the order is served or 
  3.30  communicated to the party restrained in open court; 
  3.31     (g) (7) restrain one or both parties from harassing, 
  3.32  vilifying, mistreating, molesting, disturbing the peace, or 
  3.33  restraining the liberty of the other party or the children of 
  3.34  the parties; 
  3.35     (h) (8) restrain one or both parties from removing any 
  3.36  minor child of the parties from the jurisdiction of the court; 
  4.1      (i) (9) exclude a party from the family home of the parties 
  4.2   or from the home of the other party; and 
  4.3      (j) (10) require one or both of the parties to perform or 
  4.4   to not perform such additional acts as will facilitate the just 
  4.5   and speedy disposition of the proceeding, or will protect the 
  4.6   parties or their children from physical or emotional harm.  
  4.7      Subd. 2.  [PROHIBITED TERMS.] No A temporary order 
  4.8   shall may not:  
  4.9      (a) (1) deny visitation rights to a noncustodial a parent 
  4.10  the right to participate in a parenting schedule unless the 
  4.11  court finds that visitation participation by the noncustodial 
  4.12  that parent is likely to cause physical or emotional harm to the 
  4.13  child; 
  4.14     (b) (2) exclude a party from the family home of the parties 
  4.15  unless the court finds that physical or emotional harm to one of 
  4.16  the parties or to the children of the parties is likely to 
  4.17  result, or that the exclusion is reasonable in the 
  4.18  circumstances; or 
  4.19     (c) (3) vacate or modify an order granted under section 
  4.20  518B.01, subdivision 6, paragraph (a), clause (1), restraining 
  4.21  an abusing party from committing acts of domestic abuse, except 
  4.22  that the court may hear a motion for modification of an order 
  4.23  for protection concurrently with a proceeding for dissolution of 
  4.24  marriage upon notice of motion and motion.  The notice required 
  4.25  by court rule shall not be waived.  If the proceedings are 
  4.26  consolidated and the motion to modify is granted, a separate 
  4.27  order for modification of an order for protection shall be 
  4.28  issued. 
  4.29     Subd. 3.  [EX PARTE ORDERS.] A party may request and the 
  4.30  court may make an ex parte restraining order which may include 
  4.31  any matter that may be included in a temporary order except it 
  4.32  may not:  
  4.33     (a) A restraining order may not (1) exclude either party 
  4.34  from the family home of the parties except upon a finding by the 
  4.35  court of immediate danger of physical harm to the other party or 
  4.36  the children of either party; and 
  5.1      (b) A restraining order may not (2) deny visitation 
  5.2   participation in a parenting schedule to either party or grant 
  5.3   custody of the minor children to either party except upon a 
  5.4   finding by the court of immediate danger of physical harm to the 
  5.5   minor children of the parties.  
  5.6      Subd. 4.  [SERVICE; HEARINGS.] A restraining orders shall 
  5.7   order must be personally served upon the party to be restrained 
  5.8   and shall must be accompanied with by a notice of the time and 
  5.9   place of hearing for disposition of the matters contained in the 
  5.10  restraining order at a hearing for a temporary order.  When If a 
  5.11  restraining order has been issued, a hearing on the temporary 
  5.12  order shall must be held at the earliest practicable date.  The 
  5.13  restrained party may upon written notice to the other party 
  5.14  advance the hearing date to a time earlier than that noticed by 
  5.15  the other party.  The restraining order shall continue continues 
  5.16  in full force and effect only until the hearing time noticed, 
  5.17  unless the court, for good cause and upon notice extends the 
  5.18  time for hearing.  
  5.19     Subd. 5.  [DURATION.] A temporary order shall continue 
  5.20  continues in full force and effect until the earlier of its 
  5.21  amendment or vacation, dismissal of the main action, or entry of 
  5.22  a final decree of dissolution or legal separation.  
  5.23     Subd. 6.  [EFFECT OF DISMISSAL.] If a proceeding for 
  5.24  dissolution or legal separation is dismissed, a 
  5.25  temporary custody parenting plan order is vacated unless one of 
  5.26  the parties or the child's custodian moves that the proceeding 
  5.27  continue as a custody parenting plan proceeding and the court 
  5.28  finds, after a hearing, that the circumstances of the parties 
  5.29  and the best interests of the child require that a custody 
  5.30  parenting plan order be issued. 
  5.31     Subd. 7.  [GUIDANCE.] The court shall be guided by the 
  5.32  factors set forth in sections 518.551 (concerning child 
  5.33  support), 518.552 (concerning maintenance), 518.17 to 518.175 
  5.34  (concerning custody and visitation parenting plans), and 518.14 
  5.35  (concerning costs and attorney fees) in making temporary orders 
  5.36  and restraining orders. 
  6.1      Subd. 8.  [BASIS FOR ORDER.] Temporary orders shall must be 
  6.2   made solely on the basis of affidavits and argument of counsel 
  6.3   except upon demand by either party in a motion or responsive 
  6.4   motion made within the time limit for making and filing a 
  6.5   responsive motion that the matter be heard on oral testimony 
  6.6   before the court, or if the court in its discretion orders the 
  6.7   taking of oral testimony. 
  6.8      Subd. 9.  [EFFECT OF ORDER; REVOCATION; MODIFICATION.] A 
  6.9   temporary order or restraining order:  
  6.10     (a) Shall (1) does not prejudice the rights of the parties 
  6.11  or the child which are to be adjudicated at subsequent hearings 
  6.12  in the proceeding; and 
  6.13     (b) (2) may be revoked or modified by the court before the 
  6.14  final disposition of the proceeding upon the same grounds and 
  6.15  subject to the same requirements as the initial granting of the 
  6.16  order.  
  6.17     Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
  6.18  by contempt, a violation of a provision of a temporary order or 
  6.19  restraining order granting the relief authorized in subdivision 
  6.20  1, clauses (f) clause (6), (g) (7), or (h) (8) is a 
  6.21  misdemeanor.  
  6.22     Sec. 5.  Minnesota Statutes 1996, section 518.155, is 
  6.23  amended to read: 
  6.24     518.155 [CUSTODY PARENTING DETERMINATIONS.] 
  6.25     Notwithstanding any law to the contrary, a court in which a 
  6.26  proceeding for dissolution, legal separation, or child custody 
  6.27  parenting has been commenced shall not issue, revise, modify or 
  6.28  amend any order, pursuant to sections 518.131, 518.165, 518.168, 
  6.29  518.17, 518.175 or 518.18, which affects the custody parenting 
  6.30  of a minor child or the visitation rights of a noncustodial 
  6.31  parent parenting schedule unless the court has jurisdiction over 
  6.32  the matter pursuant to the provisions of sections 518A.01 to 
  6.33  518A.25. 
  6.34     Sec. 6.  Minnesota Statutes 1996, section 518.156, is 
  6.35  amended to read: 
  6.36     518.156 [COMMENCEMENT OF CUSTODY PARENTING PROCEEDING.] 
  7.1      Subdivision 1.  [PROCEDURE.] In a court of this state which 
  7.2   has jurisdiction to decide child custody parenting matters, 
  7.3   a child custody parenting proceeding is commenced: 
  7.4      (a) by a parent 
  7.5      (1) by filing a petition for dissolution or legal 
  7.6   separation; or 
  7.7      (2) where a decree of dissolution or legal separation has 
  7.8   been entered or where none is sought, or when paternity has been 
  7.9   recognized under section 257.75, by filing a petition or motion 
  7.10  seeking custody or visitation a parenting review of the child in 
  7.11  the county where the child is permanently resident or where the 
  7.12  child is found or where an earlier order for custody parenting 
  7.13  of the child has been entered; or 
  7.14     (b) by a person other than a parent, where a decree of 
  7.15  dissolution or legal separation has been entered or where none 
  7.16  is sought by filing a petition or motion seeking custody or 
  7.17  visitation a parenting review of the child in the county where 
  7.18  the child is permanently resident or where the child is found or 
  7.19  where an earlier order for custody parenting of the child has 
  7.20  been entered.  A person seeking visitation to participate in a 
  7.21  parenting schedule pursuant to this paragraph must qualify under 
  7.22  one of the provisions of section 257.022.  
  7.23     Subd. 2.  [WRITTEN NOTICE; PARTIES.] Written notice of a 
  7.24  child custody or visitation proceeding shall parenting 
  7.25  proceedings must be given to the child's parent, guardian and 
  7.26  custodian, who may appear and be heard and may file a responsive 
  7.27  pleading.  The court may, upon a showing of good cause, permit 
  7.28  the intervention of other interested parties. 
  7.29     Sec. 7.  Minnesota Statutes 1996, section 518.157, is 
  7.30  amended to read: 
  7.31     518.157 [ORIENTATION IN PROCEEDINGS INVOLVING CHILDREN.] 
  7.32     In a proceeding under this chapter involving custody 
  7.33  parenting, support, or visitation of children parenting 
  7.34  schedule, the court may require the parties to attend an 
  7.35  orientation and education program regarding the proceedings and 
  7.36  the impact on the children.  Upon request of a party and a 
  8.1   showing of good cause, the court shall excuse the party from 
  8.2   attending the program.  Parties may be required to pay a fee to 
  8.3   cover the cost of the program, except that if a party is 
  8.4   entitled to proceed in forma pauperis under section 563.01, the 
  8.5   court shall waive the fee or direct its payment under section 
  8.6   563.01.  The court may not require the parties to attend the 
  8.7   same orientation session. 
  8.8      Sec. 8.  Minnesota Statutes 1996, section 518.158, is 
  8.9   amended to read: 
  8.10     518.158 [GRANDPARENT EX PARTE TEMPORARY CUSTODY PARENTING 
  8.11  ORDER.] 
  8.12     Subdivision 1.  [FACTORS.] It is presumed to be in the best 
  8.13  interests of the child for the court to grant temporary 
  8.14  custody parenting obligations to a grandparent under subdivision 
  8.15  2 if a minor child has resided with the grandparent for a period 
  8.16  of 12 months or more and the following circumstances exist 
  8.17  without good cause: 
  8.18     (1) the parent has had no contact with the child on a 
  8.19  regular basis and no demonstrated, consistent participation in 
  8.20  the child's well-being for six months; or 
  8.21     (2) the parent, during the time the child resided with the 
  8.22  grandparent, has refused or neglected to comply with the duties 
  8.23  imposed upon the parent by the parent and child relationship, 
  8.24  including but not limited to providing the child necessary food, 
  8.25  clothing, shelter, health care, education, and other care and 
  8.26  control necessary for the child's physical, mental, or emotional 
  8.27  health and development. 
  8.28     Subd. 2.  [EMERGENCY CUSTODY PARENTING HEARING.] If the 
  8.29  parent seeks to remove the child from the home of the 
  8.30  grandparent and the factors in subdivision 1 exist, the 
  8.31  grandparent may apply for an ex parte temporary order for 
  8.32  custody of the child determining the parenting obligations of 
  8.33  the parties.  The court shall grant a temporary parenting order 
  8.34  for parenting of the child.  The court shall grant temporary 
  8.35  custody restrict the removal if it finds, based on the 
  8.36  application, that the factors in subdivision 1 exist.  If it 
  9.1   finds that the factors in subdivision 1 do not exist, the court 
  9.2   shall order that the child be returned to the parent.  An ex 
  9.3   parte temporary custody parenting order under this subdivision 
  9.4   is good for a fixed period not to exceed 14 days.  A 
  9.5   temporary custody parenting hearing under this chapter must be 
  9.6   set for not later than seven days after issuance of the ex parte 
  9.7   temporary custody parenting order.  The parent must be promptly 
  9.8   served with a copy of the ex parte order and the petition and 
  9.9   notice of the date for the hearing. 
  9.10     Subd. 3.  [FURTHER PROCEEDINGS.] If the court orders 
  9.11  temporary physical custody to the restricts removal from the 
  9.12  grandparent under subdivision 2 and the grandparent or parent 
  9.13  seeks to pursue further temporary or permanent custody parenting 
  9.14  of the child, the custody parenting issues must be determined 
  9.15  pursuant to a petition under this chapter and the other 
  9.16  standards and procedures of this chapter apply.  This section 
  9.17  does not affect any rights or remedies available under other law.
  9.18     Subd. 4.  [RETURN TO PARENT.] If the court orders permanent 
  9.19  custody significant parenting time to a grandparent under this 
  9.20  section, the court shall set conditions the parent must meet in 
  9.21  order to obtain custody have the child returned to the parent.  
  9.22  The court may notify the parent that the parent may request 
  9.23  assistance from the local social service agency in order to meet 
  9.24  the conditions set by the court. 
  9.25     Sec. 9.  Minnesota Statutes 1996, section 518.165, 
  9.26  subdivision 1, is amended to read: 
  9.27     Subdivision 1.  [PERMISSIVE APPOINTMENT OF GUARDIAN AD 
  9.28  LITEM.] In all proceedings for child custody parenting or for 
  9.29  dissolution or legal separation where custody or visitation 
  9.30  parenting or parenting schedules of a minor child is in issue, 
  9.31  the court may appoint a guardian ad litem from a panel 
  9.32  established by the court to represent the interests of the 
  9.33  child.  The guardian ad litem shall advise the court with 
  9.34  respect to custody, the parenting plan and support and 
  9.35  visitation. 
  9.36     Sec. 10.  Minnesota Statutes 1996, section 518.165, 
 10.1   subdivision 2, is amended to read: 
 10.2      Subd. 2.  [REQUIRED APPOINTMENT OF GUARDIAN AD LITEM.] In 
 10.3   all proceedings for child custody parenting or for marriage 
 10.4   dissolution or legal separation in which custody or visitation 
 10.5   of parenting and parenting plans for a minor child is are an 
 10.6   issue, if the court has reason to believe that the minor child 
 10.7   is a victim of domestic child abuse or neglect, as those terms 
 10.8   are defined in sections 260.015 and 626.556, respectively, the 
 10.9   court shall appoint a guardian ad litem.  The guardian ad litem 
 10.10  shall represent the interests of the child and advise the court 
 10.11  with respect to custody parenting, support, and 
 10.12  visitation parenting plans.  If the child is represented by a 
 10.13  guardian ad litem in any other pending proceeding, the court may 
 10.14  appoint that guardian to represent the child in the custody or 
 10.15  visitation proceeding.  No guardian ad litem need be appointed 
 10.16  if the alleged domestic child abuse or neglect is before the 
 10.17  court on a juvenile dependency and neglect petition.  Nothing in 
 10.18  this subdivision requires the court to appoint a guardian ad 
 10.19  litem in any proceeding for child custody parenting, marriage 
 10.20  dissolution, or legal separation in which an allegation of 
 10.21  domestic child abuse or neglect has not been made. 
 10.22     Sec. 11.  Minnesota Statutes 1996, section 518.165, 
 10.23  subdivision 2a, is amended to read: 
 10.24     Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
 10.25  guardian ad litem shall carry out the following responsibilities:
 10.26     (1) conduct an independent investigation to determine the 
 10.27  facts relevant to the situation of the child and the family, 
 10.28  which must include, unless specifically excluded by the court, 
 10.29  reviewing relevant documents; meeting with and observing the 
 10.30  child in the home setting and considering the child's wishes, as 
 10.31  appropriate; and interviewing parents, caregivers, and others 
 10.32  with knowledge relevant to the case; and return to the court a 
 10.33  plan for the future care and parenting of the child that allows 
 10.34  both parents to maintain a significant relationship with the 
 10.35  child; 
 10.36     (2) advocate for the child's best interests by 
 11.1   participating in appropriate aspects of the case and advocating 
 11.2   for appropriate community services when necessary; 
 11.3      (3) maintain the confidentiality of information related to 
 11.4   a case, with the exception of sharing information as permitted 
 11.5   by law to promote cooperative solutions that are in the best 
 11.6   interests of the child; 
 11.7      (4) monitor the child's best interests throughout the 
 11.8   judicial proceeding; and 
 11.9      (5) present written reports on the child's best interests 
 11.10  that include conclusions and recommendations and the facts upon 
 11.11  which they are based. 
 11.12     Sec. 12.  Minnesota Statutes 1996, section 518.166, is 
 11.13  amended to read: 
 11.14     518.166 [INTERVIEWS.] 
 11.15     The court may not interview the child in chambers to 
 11.16  ascertain the child's reasonable preference as to custodian, the 
 11.17  parenting plan even if the court deems the child to be of 
 11.18  sufficient age to express preference.  However, if the child is 
 11.19  of sufficient age to express an opinion, the court may interview 
 11.20  the child in chambers to ascertain the child's opinion as to 
 11.21  what action must be taken to encourage the parents to cooperate 
 11.22  better around the exchanges of the child and to cooperate better 
 11.23  concerning other aspects of the parenting relationship.  The 
 11.24  court shall permit counsel to be present at the interview 
 11.25  and shall permit to submit questions to be asked by the court or 
 11.26  by a neutral mental health professional, but counsel to may not 
 11.27  propound reasonable questions to the child either directly or 
 11.28  through the court.  The court shall cause a record of the 
 11.29  interview to be made and to be made part of the record in the 
 11.30  case unless waived by the parties. 
 11.31     In contested custody parenting proceedings, and in other 
 11.32  custody parenting proceedings if a parent or the child's 
 11.33  custodian designated caregiver requests, the court may seek the 
 11.34  recommendations of professional personnel whether or not they 
 11.35  are employed on a regular basis by the court.  The 
 11.36  recommendations given shall be in writing and shall be made 
 12.1   available by the court to counsel upon request.  Counsel may 
 12.2   call for cross-examination of professional personnel consulted 
 12.3   by the court.  
 12.4      Sec. 13.  Minnesota Statutes 1996, section 518.167, is 
 12.5   amended to read: 
 12.6      518.167 [INVESTIGATIONS AND REPORTS.] 
 12.7      Subdivision 1.  [COURT ORDER.] In contested custody 
 12.8   parenting proceedings, and in other custody parenting 
 12.9   proceedings if a parent or the child's custodian designated 
 12.10  caregiver requests, the court may order an investigation and 
 12.11  report concerning custodial arrangements the parenting plan for 
 12.12  the child.  The investigation and report may be made by the 
 12.13  county welfare agency or department of court services.  The 
 12.14  report must recommend a parenting plan that will permit both 
 12.15  parents to continue to be significant, involved parents in the 
 12.16  life of the child.  The court may enter an order permitting one 
 12.17  parent to have more time with the child than the other parent, 
 12.18  but in contested proceedings where the parenting plan is in 
 12.19  dispute the court shall seek the services and recommendations of 
 12.20  a neutral mental health professional. 
 12.21     Subd. 2.  [PREPARATION.] (a) In preparing a report 
 12.22  concerning a child, the investigator neutral mental health 
 12.23  professional may consult any person who may have information 
 12.24  about the child and the potential custodial parenting 
 12.25  arrangements except for persons involved in mediation efforts 
 12.26  between the parties.  Mediation personnel may disclose 
 12.27  to investigators and evaluators neutral mental health 
 12.28  professionals information collected during mediation only if 
 12.29  agreed to in writing by all parties, including the mediator.  
 12.30  Upon order of the court, the investigator neutral mental health 
 12.31  professional may refer the child to other professional personnel 
 12.32  for diagnosis.  The investigator neutral mental health 
 12.33  professional may consult with and obtain information from 
 12.34  medical, psychiatric, school personnel, or other expert persons 
 12.35  who have served the child in the past after obtaining the 
 12.36  consent of the parents or the child's custodian designated 
 13.1   caregiver or guardian.  
 13.2      (b) The report submitted by the investigator neutral mental 
 13.3   health professional must consider and evaluate the factors in 
 13.4   section 518.17, subdivision 1, and include a detailed analysis 
 13.5   of all information considered for each factor.  If joint custody 
 13.6   is contemplated or sought, The report must consider and evaluate 
 13.7   the factors in section 518.17, subdivision 2, state the position 
 13.8   of each party and the investigator's recommendation neutral 
 13.9   mental health professional's recommended parenting plan and the 
 13.10  reason for the recommendation, and reference established means 
 13.11  for dispute resolution between the parties. 
 13.12     Subd. 3.  [AVAILABILITY TO COUNSEL.] The court shall mail 
 13.13  the investigator's report neutral mental health professional's 
 13.14  recommended parenting plan to counsel and to any party not 
 13.15  represented by counsel at least ten days before the hearing.  
 13.16  The investigator neutral mental health professional shall 
 13.17  maintain and, upon request, make available to counsel and to a 
 13.18  party not represented by counsel the investigator's neutral 
 13.19  mental health professional's file of underlying data and 
 13.20  reports, complete texts of diagnostic reports made to 
 13.21  the investigator neutral mental health professional pursuant to 
 13.22  the provisions of subdivision 2, and the names and addresses of 
 13.23  all persons whom the investigator neutral mental health 
 13.24  professional has consulted.  The investigator neutral mental 
 13.25  health professional and any person the investigator neutral 
 13.26  mental health professional has consulted is subject to other 
 13.27  pretrial discovery in accordance with the requirements of the 
 13.28  Minnesota Rules of Civil Procedure.  Mediation proceedings are 
 13.29  not subject to discovery without written consent of both parties 
 13.30  and the written consent of the mediator.  A party to the 
 13.31  proceeding may call the investigator neutral mental health 
 13.32  professional and any person whom the investigator neutral mental 
 13.33  health professional has consulted for cross-examination at the 
 13.34  hearing.  A party may not waive the right of cross-examination 
 13.35  before the hearing. 
 13.36     Subd. 4.  [USE AT HEARING.] The investigator's report 
 14.1   neutral mental health professional's recommended parenting plan 
 14.2   may be received in evidence at the hearing. 
 14.3      Subd. 5.  [COSTS.] The court shall order all or part of the 
 14.4   cost of the investigation and report preparation of the 
 14.5   recommended parenting plan to be paid by either or both parties, 
 14.6   based on their ability to pay.  Any part of the cost that the 
 14.7   court finds the parties are incapable of paying must be borne by 
 14.8   the county welfare agency or department of court services 
 14.9   that performs the investigation prepares the parenting plan.  
 14.10  The court may not order costs under this subdivision to be paid 
 14.11  by a party receiving public assistance or legal assistance from 
 14.12  a qualified legal services program or by a party whose annual 
 14.13  income falls below the poverty line under United States Code, 
 14.14  title 42, section 9902(2). 
 14.15     Sec. 14.  Minnesota Statutes 1996, section 518.168, is 
 14.16  amended to read: 
 14.17     518.168 [HEARINGS.] 
 14.18     (a) Custody Parenting proceedings shall receive priority in 
 14.19  being set for hearing. 
 14.20     (b) The court may tax as costs the payment of necessary 
 14.21  travel and other expenses incurred by a person whose presence at 
 14.22  the hearing the court deems necessary to determine the best 
 14.23  interests of the child. 
 14.24     (c) The court without a jury shall determine questions of 
 14.25  law and fact.  If it finds that a public hearing may be 
 14.26  detrimental to the child's best interests, the court may exclude 
 14.27  the public from a custody parenting hearing, but may admit any 
 14.28  person who has a direct interest in the particular case. 
 14.29     (d) If the court finds it necessary for the protection of 
 14.30  the child's welfare that the record of an interview, report, 
 14.31  investigation, or testimony in a custody parenting proceeding be 
 14.32  kept secret, the court may make an appropriate order sealing the 
 14.33  record. 
 14.34     Sec. 15.  Minnesota Statutes 1996, section 518.17, 
 14.35  subdivision 1, is amended to read: 
 14.36     Subdivision 1.  [THE BEST INTERESTS OF THE CHILD.] (a) "The 
 15.1   best interests of the child" means all relevant factors to be 
 15.2   considered and evaluated by the court including: 
 15.3      (1) the wishes of the child's parent or parents as to 
 15.4   custody parenting and parenting schedules; 
 15.5      (2) the reasonable preference opinion of the child 
 15.6   regarding aspects of the parenting plan, if the court deems the 
 15.7   child to be of sufficient age to express preference an opinion; 
 15.8      (3) the child's primary caretaker past history of parental 
 15.9   caregiving; 
 15.10     (4) the intimacy of the relationship between each parent 
 15.11  and the child; 
 15.12     (5) the interaction and interrelationship of the child with 
 15.13  a parent or parents, siblings, and any other person who may 
 15.14  significantly affect the child's best interests; 
 15.15     (6) the child's adjustment to home, school, and community; 
 15.16     (7) the length of time the child has lived in a stable, 
 15.17  satisfactory environment and the desirability of maintaining 
 15.18  continuity; 
 15.19     (8) the permanence, as a family unit, of the existing or 
 15.20  proposed custodial home family unit; 
 15.21     (9) the mental and physical health of all individuals 
 15.22  involved; except that a disability, as defined in section 
 15.23  363.01, of a proposed custodian parent or the child shall not be 
 15.24  determinative of the custody of the child parenting 
 15.25  arrangements, unless the proposed custodial parenting 
 15.26  arrangement is not in the best interest of the child; 
 15.27     (10) the capacity and disposition of the parties to give 
 15.28  the child love, affection, and guidance, and to continue 
 15.29  educating and raising the child in the child's culture and 
 15.30  religion or creed, if any; 
 15.31     (11) the child's cultural background; 
 15.32     (12) the effect on the child of the actions of an abuser, 
 15.33  if related to domestic abuse, as defined in section 518B.01, 
 15.34  that has occurred between the parents; and 
 15.35     (13) except in cases in which a finding of domestic abuse 
 15.36  as defined in section 518B.01 has been made, the disposition of 
 16.1   each parent to encourage and permit frequent and continuing 
 16.2   contact by the other parent with the child.; 
 16.3      (14) the ability of parents to cooperate in the rearing of 
 16.4   their children; 
 16.5      (15) methods for resolving disputes regarding any major 
 16.6   decision concerning the life of the child, and the parents' 
 16.7   willingness to use those methods; 
 16.8      (16) whether it would be detrimental to the child if one 
 16.9   parent were to have significantly more parenting time under the 
 16.10  parenting plan than the other parent; and 
 16.11     (17) whether domestic abuse, as defined in section 518B.01 
 16.12  has occurred between the parents. 
 16.13     Both parents shall remain legal parents of the child unless 
 16.14  the parental rights of one or both of them has been terminated 
 16.15  through a proceeding under chapter 260. 
 16.16     If the court enters a parenting order over the objection of 
 16.17  a party, the court shall make detailed findings on each of the 
 16.18  factors in this subdivision and explain how the factors led to 
 16.19  its determination that such a parenting order would be in the 
 16.20  best interests of the child.  The court may not use one factor 
 16.21  to the exclusion of all others.  The primary caretaker factor 
 16.22  may not be used as a presumption in determining the best 
 16.23  interests of the child.  The court must make detailed findings 
 16.24  on each of the factors and explain how the factors led to its 
 16.25  conclusions and to the determination of the best interests of 
 16.26  the child.  
 16.27     (b) The court shall not consider conduct of a proposed 
 16.28  custodian parent that does not affect the custodian's either 
 16.29  parent's relationship to the child. 
 16.30     Sec. 16.  Minnesota Statutes 1996, section 518.17, 
 16.31  subdivision 3, is amended to read: 
 16.32     Subd. 3.  [CUSTODY PARENTING ORDER.] (a) Upon adjudging the 
 16.33  nullity of a marriage, or in a dissolution or separation 
 16.34  proceeding, or in a child custody parenting proceeding, the 
 16.35  court shall make such further order as it deems just and proper 
 16.36  concerning:  
 17.1      (1) the legal custody of the minor children of the parties 
 17.2   which shall be sole or joint parenting plan; and 
 17.3      (2) their physical custody and residence; and 
 17.4      (3) their support of the minor children.  In 
 17.5   determining custody the parenting plan, the court shall consider 
 17.6   the best interests of each child and shall not prefer one parent 
 17.7   over the other solely on the basis of the sex of the parent.  
 17.8      (b) The court shall grant the following rights to each of 
 17.9   the parties, unless specific findings are made under section 
 17.10  518.68, subdivision 1.  Each party has the right of access to, 
 17.11  and to receive copies of, school, medical, dental, religious 
 17.12  training, and other important records and information about the 
 17.13  minor children.  Each party has the right of access to 
 17.14  information regarding health or dental insurance available to 
 17.15  the minor children.  Each party shall keep the other party 
 17.16  informed as to the name and address of the school of attendance 
 17.17  of the minor children.  Each party has the right to be informed 
 17.18  by school officials about the children's welfare, educational 
 17.19  progress and status, and to attend school and parent-teacher 
 17.20  conferences.  The school is not required to hold a separate 
 17.21  conference for each party.  In case of an accident or serious 
 17.22  illness of a minor child, each party shall notify the other 
 17.23  party of the accident or illness, and the name of the health 
 17.24  care provider and the place of treatment.  Each party has the 
 17.25  right to reasonable access and telephone contact with the minor 
 17.26  children.  The court may waive any of the rights under this 
 17.27  section if it finds it is necessary to protect the welfare of a 
 17.28  party or child. 
 17.29     Sec. 17.  Minnesota Statutes 1996, section 518.17, 
 17.30  subdivision 6, is amended to read: 
 17.31     Subd. 6.  [DEPARTURE FROM GUIDELINES BASED ON JOINT CUSTODY 
 17.32  APPLICATION OF CHILD SUPPORT GUIDELINES.] An award of joint 
 17.33  legal custody is not a reason for departure from the guidelines 
 17.34  in section 518.551, subdivision 5.  The court shall make child 
 17.35  support awards under section 518.551, subdivision 5, by 
 17.36  requiring each parent to spend the guidelines amounts on behalf 
 18.1   of the children.  The court may assume that one parent is 
 18.2   spending guidelines amounts directly in support of the children 
 18.3   by virtue of that parent's circumstances.  The court may order 
 18.4   each parent to spend such percentage amounts either directly on 
 18.5   the children, or by ordering one parent to pay such amount to 
 18.6   the other parent, or by paying such amount into a checking 
 18.7   account that is used solely to pay for children's expenses and 
 18.8   costs, or a combination of all three of these methods. 
 18.9      Sec. 18.  Minnesota Statutes 1996, section 518.175, is 
 18.10  amended to read: 
 18.11     518.175 [VISITATION OF CHILDREN AND NONCUSTODIAL 
 18.12  PARENT IMPLEMENTATION OF THE PARENTING PLAN.] 
 18.13     Subdivision 1.  [GENERAL PARENTING SCHEDULE.] (a) In all 
 18.14  proceedings for dissolution or legal separation, subsequent to 
 18.15  the commencement of the proceeding and continuing thereafter 
 18.16  during the minority of the child, the court shall, upon the 
 18.17  request of either parent, grant such rights of visitation on 
 18.18  behalf of the child and noncustodial parent as establish a 
 18.19  schedule that will enable the child and the noncustodial each 
 18.20  parent to maintain a child to parent relationship that will be 
 18.21  in the best interests of the child.  If the court finds, after a 
 18.22  hearing, that visitation a parent's participation in the 
 18.23  parenting schedule is likely to endanger the child's physical or 
 18.24  emotional health or impair the child's emotional development, 
 18.25  the court shall restrict visitation by the noncustodial parent 
 18.26  as participation in the parenting schedule in regard to time, 
 18.27  place, duration, or supervision and may deny visitation 
 18.28  participation entirely, as the circumstances warrant.  The court 
 18.29  shall consider the age of the child and the child's relationship 
 18.30  with the noncustodial each parent prior to the commencement of 
 18.31  the proceeding.  A parent's failure to pay support because of 
 18.32  the parent's inability to do so shall not be sufficient cause 
 18.33  for denial of visitation participation in the parenting schedule.
 18.34     (b) The court may provide that a law enforcement officer or 
 18.35  other appropriate person will accompany a party seeking to 
 18.36  enforce or comply with visitation parenting schedules. 
 19.1      (c) Upon request of either party, to the extent practicable 
 19.2   a visitation parenting order must include a specific parenting 
 19.3   schedule for visitation, including the frequency and duration of 
 19.4   visitation parenting time and visitation exchanges during 
 19.5   holidays and vacations, unless visitation participation in a 
 19.6   parenting schedule is restricted, denied, or reserved. 
 19.7      (d) The court administrator shall provide a form for a pro 
 19.8   se motion regarding visitation parenting disputes, which 
 19.9   includes provisions for indicating the relief requested, an 
 19.10  affidavit in which the party may state the facts of the dispute, 
 19.11  and a brief description of the visitation expeditor parenting 
 19.12  coordinator process under section 518.1751.  The form may not 
 19.13  include a request for a change of custody.  The court shall 
 19.14  provide instructions on serving and filing the motion. 
 19.15     Subd. 2.  [INFORMING CHILD; PARENTING EXCHANGES.] Upon the 
 19.16  request of either parent, the court may inform any child of the 
 19.17  parties, if eight years of age or older, or otherwise of an age 
 19.18  of suitable comprehension, of the rights of the child and 
 19.19  the noncustodial parent parents under the order or decree or any 
 19.20  substantial amendment thereof.  The custodial Each parent shall 
 19.21  present the child for visitation by the noncustodial 
 19.22  parent, parenting exchanges at such times as the court directs. 
 19.23     Subd. 3.  [REMOVAL OF CHILD.] The custodial A parent shall 
 19.24  not move the residence of the permanently remove a child to 
 19.25  another state or more than 100 miles from the residence of the 
 19.26  other parent within the state except upon order of the court or 
 19.27  with the consent of the noncustodial other parent, when the 
 19.28  noncustodial other parent has been given visitation 
 19.29  rights parenting obligations or a parenting schedule by the 
 19.30  decree. court order.  In determining whether or not a parent may 
 19.31  remove the child, the court shall consider all of the 
 19.32  circumstances, including the impact of the proposed new location 
 19.33  upon the best interests of the child, the parent's need and 
 19.34  purpose for the move, and the ability of the parents to adjust 
 19.35  the parenting schedule to continue to allow a meaningful 
 19.36  relationship with both parents.  The parent proposing the move 
 20.1   has the burden of proving that under all of the circumstances 
 20.2   the move is in the best interests of the child.  If the purpose 
 20.3   of the move is to interfere with visitation rights given to the 
 20.4   noncustodial parent the parenting plan and parenting schedule as 
 20.5   provided by the decree court order, the court shall not permit 
 20.6   the child's residence to be moved to another state or more than 
 20.7   100 miles from the residence of the other parent within the 
 20.8   state.  If the court permits the move, the court shall also 
 20.9   order a revised parenting schedule, and shall address 
 20.10  arrangements for exchange and transportation of the children and 
 20.11  increased costs associated with the new parenting schedule by 
 20.12  allocation between the parents or by reducing child support. 
 20.13     Subd. 5.  [MODIFICATION.] The court shall modify an order 
 20.14  granting or denying visitation rights whenever a court-ordered 
 20.15  parenting schedule and arrangements related to that schedule at 
 20.16  any time if modification would serve the best interests of the 
 20.17  child, as long as the modification does not significantly 
 20.18  diminish the contact between a child and either parent.  Except 
 20.19  as provided in section 631.52, the court may not 
 20.20  restrict visitation rights a parent's participation in the 
 20.21  parenting schedule unless it finds that:  
 20.22     (1) the visitation that parent's participation is likely to 
 20.23  endanger the child's physical or emotional health or impair the 
 20.24  child's emotional development; or 
 20.25     (2) the noncustodial a parent has chronically and 
 20.26  unreasonably failed to comply with the court-ordered 
 20.27  visitation parenting schedule. 
 20.28     If the custodial a parent makes specific allegations that 
 20.29  visitation the parenting schedule or the conduct of the other 
 20.30  parent places the custodial a parent or child in danger of harm, 
 20.31  the court shall hold a hearing at the earliest possible time to 
 20.32  determine the need to modify the order granting visitation 
 20.33  rights establishing the parenting plan.  The court may require a 
 20.34  third party, including the local social services agency, to 
 20.35  supervise the visitation participation in the parenting schedule 
 20.36  or may restrict a parent's visitation rights participation in a 
 21.1   parenting schedule if necessary to protect the custodial other 
 21.2   parent or child from harm. 
 21.3      Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
 21.4   more of the following remedies for denial of or interference 
 21.5   with visitation the parenting schedule as provided under this 
 21.6   subdivision.  All visitation parenting plan orders must include 
 21.7   notice of the provisions of this subdivision. 
 21.8      (b) If the court finds that a person has been wrongfully 
 21.9   deprived of the duly established right to visitation time with 
 21.10  the child under the parenting plan, the court shall order 
 21.11  the custodial other parent to permit additional visits time to 
 21.12  compensate for the visitation of which the person was 
 21.13  deprived lost time.  Additional visits parenting time must be: 
 21.14     (1) of the same type and duration as the wrongfully denied 
 21.15  visit parenting time; 
 21.16     (2) taken within one year after the wrongfully denied visit 
 21.17  parenting time; and 
 21.18     (3) at a time acceptable to the person deprived of 
 21.19  visitation time with the child under the plan. 
 21.20     (c) If the court finds that a party has wrongfully failed 
 21.21  to comply with a visitation order parenting plan or a binding 
 21.22  agreement or decision under section 518.1751, the court may: 
 21.23     (1) impose a civil penalty of up to $500 on the party; or 
 21.24     (2) require the party to post a bond with the court for a 
 21.25  specified period of time to secure the party's compliance. 
 21.26     A civil penalty imposed under this paragraph must be 
 21.27  deposited in the county general fund and must be used to fund 
 21.28  the costs of a visitation expeditor mediation program in a 
 21.29  county with this program.  In other counties, the civil penalty 
 21.30  must be deposited in the state general fund. 
 21.31     (d) If the court finds that a party has been denied 
 21.32  visitation parenting time with the child by the other parent and 
 21.33  has incurred expenses in connection with the denied visitation 
 21.34  denial, the court may require the party who denied visitation 
 21.35  the parenting time to post a bond in favor of the other party in 
 21.36  the amount of prepaid expenses associated with an upcoming 
 22.1   planned visitation exchange. 
 22.2      (e) Proof of an unwarranted denial of or interference 
 22.3   with a duly established visitation parenting schedule may 
 22.4   constitute contempt of court and may be sufficient cause 
 22.5   for reversal of custody a modification under section 518.18. 
 22.6      Subd. 7.  [GRANDPARENT VISITATION PARTICIPATION IN A 
 22.7   PARENTING PLAN.] In all proceedings for dissolution or legal 
 22.8   separation, after the commencement of the proceeding or at any 
 22.9   time after completion of the proceedings, and continuing during 
 22.10  the minority of the child, the court may make an order 
 22.11  granting visitation rights scheduled contact with a child to 
 22.12  grandparents under section 257.022, subdivision 2. 
 22.13     Subd. 8.  [CARE OF CHILD BY NONCUSTODIAL PARENT ENCOURAGING 
 22.14  PARENTAL COOPERATION.] The court may allow additional visitation 
 22.15  time to the noncustodial other parent to provide child care 
 22.16  while the custodial one parent is working if this arrangement is 
 22.17  reasonable and in the best interests of the child, as defined in 
 22.18  section 518.17, subdivision 1.  In addition, the court shall 
 22.19  consider: 
 22.20     (1) the ability of the parents to cooperate; 
 22.21     (2) methods for resolving disputes regarding the care of 
 22.22  the child, and the parents' willingness to use those methods; 
 22.23  and 
 22.24     (3) whether domestic abuse, as defined in section 518B.01, 
 22.25  has occurred between the parties. 
 22.26     Sec. 19.  Minnesota Statutes 1996, section 518.1751, is 
 22.27  amended to read: 
 22.28     518.1751 [VISITATION DISPUTE RESOLUTION OF DISPUTES 
 22.29  REGARDING PARENTING SCHEDULES; PARENTING COORDINATORS.] 
 22.30     Subdivision 1.  [VISITATION EXPEDITOR PARENTING 
 22.31  COORDINATOR.] (a) Upon request of either party, the parties' 
 22.32  stipulation, or upon the court's own motion, the court may 
 22.33  appoint a visitation expeditor parenting coordinator to resolve 
 22.34  visitation disputes regarding a parenting schedule that occur 
 22.35  under a visitation order court-ordered parenting schedule while 
 22.36  a matter is pending under this chapter, chapter 257 or 518A, or 
 23.1   after a decree is entered.  Prior to appointing the visitation 
 23.2   expeditor, the court shall give the parties notice that the 
 23.3   costs of the visitation expeditor will be apportioned among the 
 23.4   parties and that if the parties do not reach an agreement, the 
 23.5   visitation expeditor will make a nonbinding decision resolving 
 23.6   the dispute. 
 23.7      (b) For purposes of this section, "visitation dispute" 
 23.8   means a disagreement among parties about visitation with a 
 23.9   child, including a dispute about an anticipated denial of a 
 23.10  future scheduled visit.  "Visitation dispute" includes a claim 
 23.11  by a custodial parent that a noncustodial parent is not visiting 
 23.12  a child as well as a claim by a noncustodial parent that a 
 23.13  custodial parent is denying or interfering with visitation. 
 23.14     Subd. 1a.  [EXCEPTIONS.] A party may not be required to 
 23.15  refer a dispute regarding a parenting schedule to a parenting 
 23.16  coordinator under this section if: 
 23.17     (1) one of the parties claims to be the victim of domestic 
 23.18  abuse by the other party; 
 23.19     (2) the court determines there is probable cause that one 
 23.20  of the parties or a child of the parties has been physically 
 23.21  abused or threatened with physical abuse by the other party; or 
 23.22     (3) the party is unable to pay the costs of the parenting 
 23.23  coordinator as provided under subdivision 5. 
 23.24     If the court is satisfied that the parties have been 
 23.25  advised by counsel and have agreed to use the parenting 
 23.26  coordinator process involving face-to-face meeting of the 
 23.27  parties, the court may direct that the parenting coordinator 
 23.28  process be used. 
 23.29     Subd. 1b.  [PURPOSE; DEFINITIONS.] (a) The purpose of a 
 23.30  parenting coordinator is to resolve disputes regarding parenting 
 23.31  schedules by enforcing, interpreting, clarifying, and addressing 
 23.32  circumstances not specifically addressed by a court-ordered 
 23.33  parenting schedule and, if appropriate, to make a determination 
 23.34  as to whether the existing court-ordered parenting schedule has 
 23.35  been violated.  A parenting coordinator may be appointed to 
 23.36  resolve a one-time dispute regarding a parenting schedule or to 
 24.1   provide ongoing dispute resolution for disputes regarding a 
 24.2   parenting schedule. 
 24.3      (b) For purposes of this section, "dispute regarding a 
 24.4   parenting schedule" means a dispute about departures from an 
 24.5   existing parenting schedule, anticipated noncompliance with an 
 24.6   existing schedule, or disagreements about whether and how to 
 24.7   make relatively minor adjustments to the schedule.  Dispute 
 24.8   regarding a parenting schedule includes a claim by a parent that 
 24.9   the other parent is not participating in a parenting schedule 
 24.10  with a child and a claim by a parent that the other parent is 
 24.11  denying or interfering with participation in a parenting 
 24.12  schedule.  
 24.13     (c) A parenting coordinator is a neutral person authorized 
 24.14  to use a mediation-arbitration process to resolve disputes 
 24.15  regarding parenting schedules.  A parenting coordinator shall 
 24.16  attempt to resolve a dispute regarding a parenting schedule by 
 24.17  facilitating negotiations between the parties to promote 
 24.18  settlement and, if it becomes apparent that the dispute cannot 
 24.19  be resolved by an agreement of the parties, the parenting 
 24.20  coordinator shall make a decision resolving the dispute. 
 24.21     Subd. 2.  [APPOINTMENT; COSTS.] The court shall appoint the 
 24.22  visitation expeditor and indicate the term of the appointment.  
 24.23  If the parties cannot agree on a visitation expeditor, the court 
 24.24  shall present a list of candidates with one more candidate than 
 24.25  there are parties to the dispute.  In developing the list of 
 24.26  candidates, the court must give (a) [PARTIES SELECT.] The 
 24.27  parties may stipulate to the appointment of a parenting 
 24.28  coordinator or a team of two parenting coordinators without 
 24.29  appearing in court by submitting to the court a written 
 24.30  agreement identifying the names of the individuals to be 
 24.31  appointed by the court, the nature of the dispute, the 
 24.32  responsibilities of the parenting coordinator, including whether 
 24.33  the parenting coordinator is appointed to resolve a specific 
 24.34  issue or on an ongoing basis, the term of the appointment, and 
 24.35  the apportionment of fees and costs.  The court shall review the 
 24.36  agreement of the parties. 
 25.1      (b) [COURT SELECTS.] If the parties cannot agree on a 
 25.2   parenting coordinator, the court shall provide to the parties a 
 25.3   copy of the court administrator's roster of parenting 
 25.4   coordinators and shall require the parties to exchange the names 
 25.5   of three potential parenting coordinators by a specific date.  
 25.6   If after exchanging names the parties are unable to agree upon a 
 25.7   parenting coordinator, the court shall select the parenting 
 25.8   coordinator and, in its discretion, may appoint one or a team of 
 25.9   two parenting coordinators.  In the selection process, the court 
 25.10  must give consideration to the financial circumstances of the 
 25.11  parties and the fees of those being considered as parenting 
 25.12  coordinators.  Preference must be given to persons who agree to 
 25.13  volunteer their services or who will charge a variable fee for 
 25.14  services based on the ability of the parties to pay for 
 25.15  them.  Each party shall strike one name and the court shall 
 25.16  appoint the remaining individual as the visitation expeditor.  
 25.17  In its order appointing the visitation expeditor, the court 
 25.18  shall apportion the costs of the visitation expeditor among the 
 25.19  parties, with each party bearing the portion of costs that the 
 25.20  court determines is just and equitable under the circumstances.  
 25.21  If a party files a pro se motion regarding a visitation dispute 
 25.22  and there is not a court order that provides for apportionment 
 25.23  of the costs of an expeditor, the court administrator may 
 25.24  require the party requesting the appointment of an expeditor to 
 25.25  pay the costs of the expeditor in advance.  Neither party may be 
 25.26  required to submit a dispute to a visitation expeditor if the 
 25.27  party cannot afford to pay for the costs of an expeditor and an 
 25.28  affordable expeditor is not available, unless the other party 
 25.29  agrees to pay the costs.  After costs are incurred, a party may 
 25.30  by motion request that the costs be reapportioned on equitable 
 25.31  grounds.  The court may consider the resources of the parties, 
 25.32  the nature of the dispute, and whether a party acted in bad 
 25.33  faith.  The court may consider information from the expeditor in 
 25.34  determining bad faith. 
 25.35     (c) An order appointing a parenting coordinator must 
 25.36  identify the name of the individual to be appointed, the nature 
 26.1   of the dispute, the responsibilities of the parenting 
 26.2   coordinator, including whether the coordinator is appointed to 
 26.3   resolve a specific issue or on an ongoing basis, the term of the 
 26.4   appointment, the apportionment of fees, and notice that if the 
 26.5   parties are unable to reach an agreement with the assistance of 
 26.6   the parenting coordinator, the parenting coordinator is 
 26.7   authorized to make a decision resolving the dispute which is 
 26.8   binding on the parties unless modified or vacated by the court. 
 26.9      Subd. 2a.  [FEES.] Prior to appointing the parenting 
 26.10  coordinator, the court shall give the parties notice that the 
 26.11  fees of the parenting coordinator must be apportioned among the 
 26.12  parties.  In its order appointing the parenting coordinator, the 
 26.13  court shall apportion the fees of the parenting coordinator 
 26.14  among the parties with each party bearing the portion of fees 
 26.15  that the court determines is just and equitable under the 
 26.16  circumstances.  If a party files a pro se motion regarding a 
 26.17  dispute regarding a parenting schedule and there is not a court 
 26.18  order that provides for apportionment of the fees of a parenting 
 26.19  coordinator, the court administrator may require the party 
 26.20  requesting the appointment of a parenting coordinator to pay the 
 26.21  fees of the coordinator in advance.  Neither party may be 
 26.22  required to submit a dispute to a parenting coordinator if the 
 26.23  party cannot afford to pay for the fees and an affordable 
 26.24  parenting coordinator is not available unless the other party 
 26.25  agrees to pay the fees.  After fees are incurred, a party may by 
 26.26  motion request that the fees be reapportioned on equitable 
 26.27  grounds.  The court may consider the resources of the parties, 
 26.28  the nature of the dispute, and whether a party acted in bad 
 26.29  faith.  The court may consider information from the parenting 
 26.30  coordinator in determining bad faith. 
 26.31     Subd. 2b.  [ROSTER OF PARENTING COORDINATORS.] Each court 
 26.32  administrator shall maintain and make available to the public 
 26.33  and judicial officers a roster of individuals available to serve 
 26.34  as parenting coordinators.  The roster shall include each 
 26.35  individual's name, address, telephone number, and fee charged, 
 26.36  if any.  A court administrator shall not place on the roster the 
 27.1   name of an individual who has not completed the training 
 27.2   required in subdivision 2c or a person who had a professional 
 27.3   license revoked, been refused membership or practice rights in a 
 27.4   profession, or been involuntarily banned, dropped, or expelled 
 27.5   from any profession.  The court may appoint a person to serve as 
 27.6   a parenting coordinator even if the person is not on the court 
 27.7   administrator's roster, but may not appoint a person who has not 
 27.8   completed the training described in subdivision 2c.  To maintain 
 27.9   one's listing on a court administrator's roster of parenting 
 27.10  coordinators, an individual shall annually submit to the court 
 27.11  administrator proof of completion of continuing education 
 27.12  requirements. 
 27.13     Subd. 2c.  [TRAINING AND CONTINUING EDUCATION 
 27.14  REQUIREMENTS.] To qualify for listing on a court administrator's 
 27.15  roster of parenting coordinators, an individual shall complete a 
 27.16  minimum of 40 hours of family mediation training that has been 
 27.17  certified by the Minnesota supreme court, which must include 
 27.18  certified training in domestic abuse issues as required under 
 27.19  Minnesota general rules of practice for the district courts, 
 27.20  rule 114.  To maintain one's listing on a court administrator's 
 27.21  roster of parenting coordinators, an individual shall annually 
 27.22  attend three hours of continuing education about alternative 
 27.23  dispute resolution subjects. 
 27.24     Subd. 3.  [AGREEMENT OR DECISION.] (a) If a visitation 
 27.25  dispute arises Within five days of notice of the appointment or 
 27.26  notice of a subsequent dispute regarding a parenting schedule 
 27.27  between the same parties, the visitation expeditor parenting 
 27.28  coordinator shall meet with the parties together or 
 27.29  separately within five days and shall make a diligent effort to 
 27.30  facilitate an agreement to resolve the visitation dispute 
 27.31  regarding a parenting schedule.  If a visitation dispute 
 27.32  regarding a parenting schedule requires immediate resolution, 
 27.33  the visitation expeditor parenting coordinator may confer with 
 27.34  the parties through a telephone conference or similar means.  An 
 27.35  expeditor A parenting coordinator may make a decision without 
 27.36  conferring with a party if the expeditor parenting coordinator 
 28.1   made a good faith effort to confer with the party, but the party 
 28.2   chose not to participate in resolution of the dispute. 
 28.3      (b) If the parties do not reach an agreement, the expeditor 
 28.4   parenting coordinator shall make a decision resolving the 
 28.5   dispute as soon as possible but not later than five days 
 28.6   after receiving all information necessary to make a decision and 
 28.7   after the final meeting or conference with the 
 28.8   parties.  Resolution of a dispute may include The parenting 
 28.9   coordinator is authorized to award compensatory 
 28.10  visitation parenting time under section 518.175, subdivision 6, 
 28.11  and may recommend to the court that the noncomplying party pay 
 28.12  attorney's fees, court costs, and other costs under section 
 28.13  518.175, subdivision 6, paragraph (d), if the court-ordered 
 28.14  parenting schedule has not been complied with.  The parenting 
 28.15  coordinator does not lose authority to make a decision if 
 28.16  circumstances beyond the parenting coordinator's control make it 
 28.17  impracticable to meet the five-day timelines.  
 28.18     The visitation expeditor may (c) Unless the parties 
 28.19  mutually agree, the parenting coordinator shall not make a 
 28.20  decision that modifies visitation rights ordered by the 
 28.21  court. is inconsistent with an existing court-ordered parenting 
 28.22  schedule, but may make decisions interpreting or clarifying the 
 28.23  parenting schedule, including the development of a specific 
 28.24  schedule when the existing court order grants "reasonable 
 28.25  visitation" or "reasonable parenting time."  
 28.26     (d) The expeditor parenting coordinator shall put an 
 28.27  agreement or decision in writing, and provide a copy to the 
 28.28  parties , and file a copy with the court.  The parenting 
 28.29  coordinator may include or omit reasons for the agreement or 
 28.30  decision.  An agreement of the parties or a decision of the 
 28.31  parenting coordinator is binding on the parties unless vacated 
 28.32  or modified by the court.  If a party does not comply with an 
 28.33  agreement of the parties or a decision of the expeditor 
 28.34  parenting coordinator, any party may bring file a motion with 
 28.35  the court to resolve the dispute and shall attach a copy of the 
 28.36  parties' written agreement or decision of the parenting 
 29.1   coordinator.  The court may consider enforce, modify, or vacate 
 29.2   the agreement of the parties or the decision of the expeditor, 
 29.3   but neither is binding on the court parenting coordinator. 
 29.4      Subd. 4.  [OTHER AGREEMENTS.] This section does not 
 29.5   preclude the parties from voluntarily agreeing to submit their 
 29.6   visitation dispute regarding a parenting schedule to a neutral 
 29.7   third party or from otherwise resolving visitation parenting 
 29.8   schedule disputes on a voluntary basis. 
 29.9      Subd. 4a.  [CONFIDENTIALITY.] (a) [SWORN TESTIMONY.] Sworn 
 29.10  testimony may be used in subsequent proceedings for any purpose 
 29.11  for which it is admissible under the rules of evidence.  
 29.12  Parenting coordinators, and lawyers for the parties to the 
 29.13  extent of their participation in the parenting coordinator 
 29.14  process, must not be subpoenaed or called as witnesses in court 
 29.15  proceedings.  
 29.16     (b) [RECORDS OF PARENTING COORDINATORS.] Notes, records, 
 29.17  and recollections of parenting coordinators are confidential and 
 29.18  must not be disclosed to the parties, the public, or any one 
 29.19  other than the parenting coordinator unless: 
 29.20     (1) all parties and the parenting coordinator agree in 
 29.21  writing to the disclosure; or 
 29.22     (2) disclosure is required by law or other applicable 
 29.23  professional codes. 
 29.24  Notes and records of parenting coordinators must not be 
 29.25  disclosed to the court unless after a hearing the court 
 29.26  determines that the notes or records should be reviewed in 
 29.27  camera.  Notes or records must not be released by the court 
 29.28  unless it determines that they disclose information showing 
 29.29  illegal violation of the criminal law of the state. 
 29.30     Subd. 5.  [IMMUNITY REMOVAL.] A visitation expeditor is 
 29.31  immune from civil liability for actions taken or not taken when 
 29.32  acting under this section If a parenting coordinator has been 
 29.33  appointed on a long-term basis, a party or the parenting 
 29.34  coordinator may file a motion seeking to have the parenting 
 29.35  coordinator removed for good cause shown. 
 29.36     Subd. 6.  [MANDATORY VISITATION DISPUTE RESOLUTION 
 30.1   PARENTING COORDINATOR PROGRAM.] (a) Subject to subdivision 7 1a, 
 30.2   a judicial district may establish a mandatory visitation dispute 
 30.3   resolution parenting coordinator program as provided in this 
 30.4   subdivision.  In a district where a program has been 
 30.5   established, parties may be required to submit visitation 
 30.6   disputes regarding parenting schedules to a visitation expeditor 
 30.7   parenting coordinator as a prerequisite to a motion on the 
 30.8   dispute being heard by the court, or either party may submit the 
 30.9   dispute to a visitation expeditor parenting coordinator.  A 
 30.10  party may file a motion with the court for purposes of obtaining 
 30.11  a court date, if necessary, but a hearing may not be held until 
 30.12  resolution of the dispute with the visitation expeditor 
 30.13  parenting coordinator.  The appointment of a parenting 
 30.14  coordinator must be in accordance with subdivision 4.  Parenting 
 30.15  coordinator fees must be paid in accordance with subdivision 2a. 
 30.16     (b) If a visitation expeditor has not been previously 
 30.17  appointed for the parties under subdivision 1 and the parties 
 30.18  cannot agree on a visitation expeditor, the court or court 
 30.19  administrator shall appoint a visitation expeditor from a list 
 30.20  of candidates established by the judicial district, giving 
 30.21  preference to candidates who agree to volunteer their services 
 30.22  or charge a variable fee based on the ability of the parties to 
 30.23  pay. 
 30.24     (c) Notwithstanding subdivision 1, an agreement of the 
 30.25  parties or decision of the visitation expeditor under this 
 30.26  subdivision is binding on the parties unless vacated or modified 
 30.27  by the court.  The expeditor shall put the agreement or decision 
 30.28  in writing, provide a copy to the parties, and file a copy with 
 30.29  the court.  The court may consider the agreement of the parties 
 30.30  or the decision of the expeditor, but neither is binding on the 
 30.31  court.  
 30.32     Subd. 7.  [EXCEPTIONS.] A party may not be required to 
 30.33  refer a visitation dispute to a visitation expeditor under this 
 30.34  section if: 
 30.35     (1) the party has obtained an order for protection under 
 30.36  chapter 518B against the other party; or 
 31.1      (2) the party is unable to pay the costs of the expeditor, 
 31.2   as provided under subdivision 2. 
 31.3      Sec. 20.  Minnesota Statutes 1996, section 518.176, is 
 31.4   amended to read: 
 31.5      518.176 [JUDICIAL SUPERVISION.] 
 31.6      Subdivision 1.  [PARENTAL COOPERATION.] Except as otherwise 
 31.7   agreed by the parties in writing at the time of the custody 
 31.8   parenting order, the custodian may determine parents shall 
 31.9   cooperate in determining the child's upbringing, including 
 31.10  education, health care, and religious training, unless the court 
 31.11  after hearing, finds, upon motion by the noncustodial parent one 
 31.12  of the parents, that in the absence of a specific limitation of 
 31.13  the custodian's other parent's authority, the child's physical 
 31.14  or emotional health is likely to be endangered or the child's 
 31.15  emotional development impaired. 
 31.16     Subd. 2.  [CONTINUING SUPERVISION.] If both parents or all 
 31.17  contestants agree to the order, or if the court finds that in 
 31.18  the absence of the order the child's physical or emotional 
 31.19  health is likely to be endangered or the child's emotional 
 31.20  development impaired, the court may order the local social 
 31.21  services agency or the department of court services to exercise 
 31.22  continuing supervision over the case under guidelines 
 31.23  established by the court to assure that the custodial or 
 31.24  visitation parenting plan terms of the decree are carried out. 
 31.25     Sec. 21.  Minnesota Statutes 1996, section 518.177, is 
 31.26  amended to read: 
 31.27     518.177 [NOTIFICATION REGARDING DEPRIVATION OF PARENTAL 
 31.28  RIGHTS LAW.] 
 31.29     Every court order and judgment and decree concerning 
 31.30  custody of or visitation with parenting plans for a minor child 
 31.31  shall contain the notice set out in section 518.68, subdivision 
 31.32  2.  
 31.33     Sec. 22.  Minnesota Statutes 1996, section 518.179, 
 31.34  subdivision 1, is amended to read: 
 31.35     Subdivision 1.  [SEEKING CUSTODY OR VISITATION 
 31.36  PARTICIPATION IN A PARENTING PLAN.] Notwithstanding any contrary 
 32.1   provision in section 518.17 or 518.175, if a person 
 32.2   seeking child custody or visitation participation in a parenting 
 32.3   plan has been convicted of a crime described in subdivision 2, 
 32.4   the person seeking custody or visitation participation has the 
 32.5   burden to prove that custody or visitation participation by that 
 32.6   person is in the best interests of the child if: 
 32.7      (1) the conviction occurred within the preceding five 
 32.8   years; 
 32.9      (2) the person is currently incarcerated, on probation, or 
 32.10  under supervised release for the offense; or 
 32.11     (3) the victim of the crime was a family or household 
 32.12  member as defined in section 518B.01, subdivision 2.  
 32.13     If this section applies, the court may not grant custody or 
 32.14  visitation participation in a parenting plan to the person 
 32.15  unless it finds that the custody or visitation participation is 
 32.16  in the best interests of the child.  If the victim of the crime 
 32.17  was a family or household member, the standard of proof is clear 
 32.18  and convincing evidence. 
 32.19     Sec. 23.  Minnesota Statutes 1996, section 518.18, is 
 32.20  amended to read: 
 32.21     518.18 [MODIFICATION OF ORDER.] 
 32.22     (a) Unless agreed to in writing by the parties, no motion 
 32.23  to modify a custody parenting plan order may be made earlier 
 32.24  than one year after the date of the entry of a decree of 
 32.25  dissolution or legal separation containing a provision dealing 
 32.26  with custody parenting, except in accordance with paragraph 
 32.27  (c).  The parties may petition the court at any time for 
 32.28  adjustments in the parenting schedule which do not significantly 
 32.29  diminish the contact between a child and either parent. 
 32.30     (b) If a motion for modification has been heard, whether or 
 32.31  not it was granted, unless agreed to in writing by the parties 
 32.32  no subsequent motion may be filed within two years after 
 32.33  disposition of the prior motion on its merits, except in 
 32.34  accordance with paragraph (c). 
 32.35     (c) The time limitations prescribed in paragraphs (a) and 
 32.36  (b) shall not prohibit a motion to modify a custody parenting 
 33.1   order if the court finds that there is persistent and willful 
 33.2   denial or interference with visitation the parenting schedule, 
 33.3   or has reason to believe that the child's present environment 
 33.4   may endanger the child's physical or emotional health or impair 
 33.5   the child's emotional development. 
 33.6      (d) If the court has jurisdiction to determine child 
 33.7   custody parenting matters, the court shall not modify a prior 
 33.8   custody parenting order unless it finds, upon the basis of 
 33.9   facts, including unwarranted denial of, or interference with, a 
 33.10  duly established visitation parenting schedule, that have arisen 
 33.11  since the prior order or that were unknown to the court at the 
 33.12  time of the prior order, that a change has occurred in the 
 33.13  circumstances of the child or the parties and that the 
 33.14  modification is necessary to serve the best interests of the 
 33.15  child.  In applying these standards the court shall retain 
 33.16  the custody parenting arrangement established by the prior order 
 33.17  unless: 
 33.18     (i) both parties agree to the modification; 
 33.19     (ii) the child has been integrated into the family of the 
 33.20  petitioner with the consent of the other party; or 
 33.21     (iii) the child's present environment endangers there has 
 33.22  been a substantial change of circumstances that directly affects 
 33.23  the child's physical or emotional health or impairs the child's 
 33.24  emotional development and the harm likely to be caused by a 
 33.25  change of environment is outweighed by the advantage of a change 
 33.26  to the child; or 
 33.27     (iv) for a period of three months or longer there has been 
 33.28  a pattern of persistent and willful denial of or interference 
 33.29  with a court-ordered parenting schedule and it would be in the 
 33.30  best interests of the child, as defined in section 518.17, to 
 33.31  modify the parenting plan.  
 33.32     In addition, a court may modify a custody parenting order 
 33.33  under section 631.52.  
 33.34     (e) In deciding whether to modify a prior joint custody 
 33.35  order, the court shall apply the standards set forth in 
 33.36  paragraph (d) unless:  (1) the parties agree in writing to the 
 34.1   application of a different standard, or (2) the party seeking 
 34.2   the modification is asking the court for permission to move the 
 34.3   residence of the child to another state.  The court may require 
 34.4   the party filing a motion to modify the parenting plan to pay 
 34.5   the attorney's fees and costs of the party if it finds that the 
 34.6   motion lacks substantial merit. 
 34.7      (f) If a custodial parent has been granted sole physical 
 34.8   custody of a minor and the child subsequently lives with the 
 34.9   noncustodial parent, and temporary sole physical custody has 
 34.10  been approved by the court or by a court-appointed referee, the 
 34.11  court may suspend the noncustodial parent's child support 
 34.12  obligation pending the final custody determination.  The court's 
 34.13  order denying the suspension of child support must include a 
 34.14  written explanation of the reasons why continuation of the child 
 34.15  support obligation would be in the best interests of the 
 34.16  child the court modifies the manner in which the parents share 
 34.17  the costs of raising the children because they have failed to 
 34.18  agree upon such modification in their negotiations or in 
 34.19  mediation, the court shall include a written explanation of its 
 34.20  reasons for such modifications. 
 34.21     Sec. 24.  Minnesota Statutes 1996, section 518.185, is 
 34.22  amended to read: 
 34.23     518.185 [AFFIDAVIT PRACTICE.] 
 34.24     A party seeking a temporary custody parenting order or 
 34.25  modification of a custody parenting order shall submit together 
 34.26  with moving papers an affidavit setting forth facts supporting 
 34.27  the requested order or modification and shall give notice, 
 34.28  together with a copy of the affidavit, to other parties to the 
 34.29  proceeding, who may file opposing affidavits. 
 34.30     Sec. 25.  Minnesota Statutes 1996, section 518.5511, 
 34.31  subdivision 1, is amended to read: 
 34.32     Subdivision 1.  [GENERAL.] (a) An administrative process is 
 34.33  established to obtain, modify, and enforce child and medical 
 34.34  support orders and parentage orders and modify maintenance if 
 34.35  combined with a child support proceeding.  All laws governing 
 34.36  these actions apply insofar as they are not inconsistent with 
 35.1   the provisions of this section and section 518.5512.  Wherever 
 35.2   other laws are inconsistent with this section and section 
 35.3   518.5512, the provisions in this section and section 518.5512 
 35.4   shall apply. 
 35.5      (b) All proceedings for obtaining, modifying, or enforcing 
 35.6   child and medical support orders and modifying maintenance 
 35.7   orders if combined with a child support proceeding, are required 
 35.8   to be conducted in the administrative process when the public 
 35.9   authority is a party or provides services to a party or parties 
 35.10  to the proceedings.  At county option, the administrative 
 35.11  process may include contempt motions or actions to establish 
 35.12  parentage.  Nothing contained herein shall prevent a party, upon 
 35.13  timely notice to the public authority, from commencing an action 
 35.14  or bringing a motion for the establishment, modification, or 
 35.15  enforcement of child support or modification of maintenance 
 35.16  orders if combined with a child support proceeding in district 
 35.17  court, if additional issues involving domestic abuse, 
 35.18  establishment or modification of custody or visitation the 
 35.19  parenting plan, property issues, or other issues outside the 
 35.20  jurisdiction of the administrative process, are part of the 
 35.21  motion or action, or from proceeding with a motion or action 
 35.22  brought by another party containing one or more of these issues 
 35.23  if it is pending in district court. 
 35.24     (c) A party may make a written request to the public 
 35.25  authority to initiate an uncontested administrative proceeding.  
 35.26  If the public authority denies the request, the public authority 
 35.27  shall issue a summary notice which denies the request for 
 35.28  relief, states the reasons for the denial, and notifies the 
 35.29  party of the right to commence an action for relief.  If the 
 35.30  party commences an action or serves and files a motion within 30 
 35.31  days after the public authority's denial and the party's action 
 35.32  results in a modification of a child support order, the 
 35.33  modification may be retroactive to the date the written request 
 35.34  was received by the public authority. 
 35.35     (d) After August 1, 1994, all counties shall participate in 
 35.36  the administrative process established in this section in 
 36.1   accordance with a statewide implementation plan to be set forth 
 36.2   by the commissioner of human services.  No county shall be 
 36.3   required to participate in the administrative process until 
 36.4   after the county has been trained.  The implementation plan 
 36.5   shall include provisions for training the counties by region no 
 36.6   later than July 1, 1995.  
 36.7      (e) For the purpose of the administrative process, all 
 36.8   powers, duties, and responsibilities conferred on judges of 
 36.9   district court to obtain and enforce child and medical support 
 36.10  and parentage and maintenance obligations, subject to the 
 36.11  limitations of this section are conferred on administrative law 
 36.12  judges, including the power to issue subpoenas, orders to show 
 36.13  cause, and bench warrants for failure to appear. 
 36.14     The administrative law judge has the authority to enter 
 36.15  parentage orders in which the custody and visitation parenting 
 36.16  plan provisions are uncontested. 
 36.17     Sec. 26.  Minnesota Statutes 1996, section 518.552, 
 36.18  subdivision 1, is amended to read: 
 36.19     Subdivision 1.  [GROUNDS FOR MAINTENANCE.] In a proceeding 
 36.20  for dissolution of marriage or legal separation, or in a 
 36.21  proceeding for maintenance following dissolution of the marriage 
 36.22  by a court which lacked personal jurisdiction over the absent 
 36.23  spouse and which has since acquired jurisdiction, the court may 
 36.24  grant a maintenance order for either spouse if it finds that the 
 36.25  spouse seeking maintenance: 
 36.26     (a) (1) lacks sufficient property, including marital 
 36.27  property apportioned to the spouse, to provide for reasonable 
 36.28  needs of the spouse considering the standard of living 
 36.29  established during the marriage, especially, but not limited to, 
 36.30  a period of training or education, or 
 36.31     (b) (2) is unable to provide adequate self-support, after 
 36.32  considering the standard of living established during the 
 36.33  marriage and all relevant circumstances, through appropriate 
 36.34  employment, or is the custodian designated caregiver of a child 
 36.35  whose condition or circumstances make it appropriate that the 
 36.36  custodian designated caregiver not be required to seek 
 37.1   employment outside the home. 
 37.2      Sec. 27.  Minnesota Statutes 1996, section 518.552, 
 37.3   subdivision 2, is amended to read: 
 37.4      Subd. 2.  [AMOUNT AND DURATION.] The maintenance order 
 37.5   shall be in amounts and for periods of time, either temporary or 
 37.6   permanent, as the court deems just, without regard to marital 
 37.7   misconduct, and after considering all relevant factors including:
 37.8      (a) (1) the financial resources of the party seeking 
 37.9   maintenance, including marital property apportioned to the 
 37.10  party, and the party's ability to meet needs independently, 
 37.11  including the extent to which a provision for support of a child 
 37.12  living with the party includes a sum for that party as custodian 
 37.13  designated caregiver; 
 37.14     (b) (2) the time necessary to acquire sufficient education 
 37.15  or training to enable the party seeking maintenance to find 
 37.16  appropriate employment, and the probability, given the party's 
 37.17  age and skills, of completing education or training and becoming 
 37.18  fully or partially self-supporting; 
 37.19     (c) (3) the standard of living established during the 
 37.20  marriage; 
 37.21     (d) (4) the duration of the marriage and, in the case of a 
 37.22  homemaker, the length of absence from employment and the extent 
 37.23  to which any education, skills, or experience have become 
 37.24  outmoded and earning capacity has become permanently diminished; 
 37.25     (e) (5) the loss of earnings, seniority, retirement 
 37.26  benefits, and other employment opportunities forgone by the 
 37.27  spouse seeking spousal maintenance; 
 37.28     (f) (6) the age, and the physical and emotional condition 
 37.29  of the spouse seeking maintenance; 
 37.30     (g) (7) the ability of the spouse from whom maintenance is 
 37.31  sought to meet needs while meeting those of the spouse seeking 
 37.32  maintenance; and 
 37.33     (h) (8) the contribution of each party in the acquisition, 
 37.34  preservation, depreciation, or appreciation in the amount or 
 37.35  value of the marital property, as well as the contribution of a 
 37.36  spouse as a homemaker or in furtherance of the other party's 
 38.1   employment or business. 
 38.2      Sec. 28.  Minnesota Statutes 1996, section 518.57, 
 38.3   subdivision 4, is amended to read: 
 38.4      Subd. 4.  [OTHER CUSTODIANS.] If a child resides with a 
 38.5   person other than a parent and the court approves of the custody 
 38.6   arrangement parenting plan, the court may order child support 
 38.7   payments to be made to the custodian designated caregiver 
 38.8   regardless of whether the person has legal custody parenting 
 38.9   obligations. 
 38.10     Sec. 29.  Minnesota Statutes 1996, section 518.619, 
 38.11  subdivision 1, is amended to read: 
 38.12     Subdivision 1.  [MEDIATION PROCEEDING.] Except as provided 
 38.13  in subdivision 2, if it appears on the face of the petition or 
 38.14  other application for an order or modification of an order for 
 38.15  the custody parenting of a child that custody or visitation the 
 38.16  parenting plan is contested, or that any issue pertinent to a 
 38.17  custody or visitation parenting determination, including 
 38.18  visitation rights, is unresolved, the matter may be set for 
 38.19  mediation of the contested issue prior to, concurrent with, or 
 38.20  subsequent to the setting of the matter for hearing.  The 
 38.21  purpose of the mediation proceeding is to reduce acrimony which 
 38.22  may exist between the parties and to develop an agreement that 
 38.23  is supportive of the child's best interests.  The mediator shall 
 38.24  use best efforts to effect a settlement of the custody or 
 38.25  visitation parenting dispute, but shall have no coercive 
 38.26  authority. 
 38.27     Sec. 30.  Minnesota Statutes 1996, section 518.619, 
 38.28  subdivision 3, is amended to read: 
 38.29     Subd. 3.  [MEDIATOR APPOINTMENT.] In order to participate 
 38.30  in a custody parenting plan mediation, a mediator must be 
 38.31  appointed by the family court.  A mediator must be a member of 
 38.32  the professional staff of a family court, probation department, 
 38.33  mental health services agency, or a private mediation service.  
 38.34  The mediator must be on a list of mediators approved by the 
 38.35  court having jurisdiction of the matter, unless the parties 
 38.36  stipulate to a mediator not on the list. 
 39.1      Sec. 31.  Minnesota Statutes 1996, section 518.619, 
 39.2   subdivision 4, is amended to read: 
 39.3      Subd. 4.  [MEDIATOR QUALIFICATIONS.] A mediator who 
 39.4   performs mediation in contested child custody parenting matters 
 39.5   shall meet the following minimum qualifications: 
 39.6      (a) (1) knowledge of the court system and the procedures 
 39.7   used in contested child custody parenting plan matters; 
 39.8      (b) (2) knowledge of other resources in the community to 
 39.9   which the parties to contested child custody matters parenting 
 39.10  disputes can be referred for assistance; 
 39.11     (c) (3) knowledge of child development, clinical issues 
 39.12  relating to children, the effects of marriage dissolution on 
 39.13  children, and child custody research regarding the effects of 
 39.14  court-ordered parenting plans; and 
 39.15     (d) (4) a minimum of 40 hours of certified mediation 
 39.16  training. 
 39.17     Sec. 32.  [REPEALER.] 
 39.18     Minnesota Statutes 1996, section 518.17, subdivision 2, is 
 39.19  repealed.