SF 1710

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:35pm

A bill for an act
relating to judiciary; providing for input by children regarding certain court-ordered
parenting time and custody change; amending Minnesota Statutes 2020, section
518.175, subdivision 6.

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

Section 1.

Minnesota Statutes 2020, section 518.175, subdivision 6, is amended to read:

Subd. 6.

Remedies.

(a) The court may provide compensatory parenting time when a
substantial amount of court-ordered parenting time has been made unavailable to one parent
unless providing the compensatory parenting time is not consistent with the child's best
interests.

(b) The court shall provide for one of the remedies as provided under this subdivision
for (1) a repeated and intentional denial of or interference with court-ordered parenting time,
or (2) a repeated and intentional failure to comply with a binding agreement or decision
under section 518.1751.

(c) If the court finds that a person has been deprived of court-ordered parenting time
under paragraph (b), the court shall order the parent who has interfered to allow compensatory
parenting time to the other parent. When compensatory parenting time is awarded, additional
parenting time must be:

(1) at least of the same type and duration as the deprived parenting time and, at the
deleted text begin discretion deleted text end new text begin preference new text end of the new text begin child, the new text end court deleted text begin , may be in excess of or of a different type than
the deprived parenting time deleted text end new text begin shall find according to the child's preference new text end ;

(2) taken within one year after the deprived parenting time; and

(3) at a time acceptable to the parent deprived of parenting time.

(d) If the court finds that a party has repeatedly and intentionally denied or interfered
with court-ordered parenting time or failed to comply with a binding agreement or decision
under section 518.1751, the court may in addition to awarding compensatory parenting time
under paragraph (c):

(1) impose a civil penalty of up to $500 on the party;

(2) require the party to post a bond with the court for a specified period of time to secure
the party's compliance;

(3) award reasonable attorney's fees and costs;

(4) require the party who violated the parenting time order or binding agreement or
decision of the parenting time expeditor to reimburse the other party for costs incurred as
a result of the violation of the order or agreement or decision; or

(5) award any other remedy that the court finds to be in the best interests of the children
involved.

A civil penalty imposed under this paragraph must be deposited in the county general
fund and must be used to fund the costs of a parenting time expeditor program in a county
with this program. In other counties, the civil penalty must be deposited in the state general
fund.

(e) The court shall provide one or more of the remedies available in paragraph (d),
clauses (1) to (5), if one of the following occurs:

(1) the court finds that a party has repeatedly and intentionally denied or interfered with
court-ordered parenting time after a previous finding that the party repeatedly and
intentionally denied or interfered with court-ordered parenting time; or

(2) the court finds that a party has failed to comply with a binding agreement or decision
under section 518.1751 after a previous finding that the party failed to comply with a binding
agreement or decision under section 518.1751.

(f) If the court makes written findings that any denial of or interference with court-ordered
parenting time or the failure to comply with a binding agreement or decision under section
518.1751 was necessary to protect a child's physical or emotional health, the court is not
required to comply with paragraphs (b) to (e).

(g) If the court finds that a party has been denied parenting time and has incurred expenses
in connection with the denied parenting time, the court may require the party who denied
parenting time to post a bond in favor of the other party in the amount of prepaid expenses
associated with upcoming planned parenting time.

(h) Proof of an unwarranted denial of or interference with duly established parenting
time may constitute contempt of court and may be sufficient cause for reversal of custody. new text begin
When a minor child is ... years of age or older, the court must speak with the child before
making a custody change for that child.
new text end

(i) All parenting time orders must include notice of the provisions of this subdivision.