SF 3647

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; providing for visitation 
  1.3             enforcement; allowing court to impose certain 
  1.4             penalties for contempt of court; amending Minnesota 
  1.5             Statutes 1998, section 518.175, subdivision 6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 518.175, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [REMEDIES.] (a) The court may provide for one or 
  1.10  more of the following remedies for denial of or interference 
  1.11  with court-ordered visitation as provided under this 
  1.12  subdivision.  All visitation orders must include notice of the 
  1.13  provisions of this subdivision. 
  1.14     (b) If the court finds that a person has been deprived of 
  1.15  court-ordered visitation, the court shall order the custodial 
  1.16  parent to permit additional visits to compensate for the 
  1.17  visitation of which the person was deprived or the court shall 
  1.18  make specific findings as to why a request for compensatory 
  1.19  visitation is denied.  If compensatory visitation is awarded, 
  1.20  additional visits must be: 
  1.21     (1) at least of the same type and duration as the deprived 
  1.22  visit and, at the discretion of the court, may be in excess of 
  1.23  or of a different type than the deprived visit; 
  1.24     (2) taken within one year after the deprived visit; and 
  1.25     (3) at a time acceptable to the person deprived of 
  2.1   visitation. 
  2.2      (c) If the court finds that a party has wrongfully failed 
  2.3   to comply with a visitation order or a binding agreement or 
  2.4   decision under section 518.1751, the court may: 
  2.5      (1) impose a civil penalty of up to $500 on the party; 
  2.6      (2) require the party to post a bond with the court for a 
  2.7   specified period of time to secure the party's compliance; 
  2.8      (3) award reasonable attorney's fees and costs; 
  2.9      (4) require the party who violated the visitation order or 
  2.10  binding agreement or decision of the visitation expeditor to 
  2.11  reimburse the other party for costs incurred as a result of the 
  2.12  violation of the order or agreement or decision; or 
  2.13     (5) award any other remedy that the court finds to be in 
  2.14  the best interests of the children involved. 
  2.15     A civil penalty imposed under this paragraph must be 
  2.16  deposited in the county general fund and must be used to fund 
  2.17  the costs of a visitation expeditor program in a county with 
  2.18  this program.  In other counties, the civil penalty must be 
  2.19  deposited in the state general fund. 
  2.20     (d) If the court finds that a party has been denied 
  2.21  visitation and has incurred expenses in connection with the 
  2.22  denied visitation, the court may require the party who denied 
  2.23  visitation to post a bond in favor of the other party in the 
  2.24  amount of prepaid expenses associated with an upcoming planned 
  2.25  visitation. 
  2.26     (e) Proof of an unwarranted denial of or interference with 
  2.27  duly established visitation may constitute constitutes contempt 
  2.28  of court and may be sufficient cause for reversal of 
  2.29  custody.  The court may impose incarceration for the contempt, 
  2.30  may stay the incarceration on condition of posting of an 
  2.31  adequate sum as security for future compliance with ordered 
  2.32  visitation, and may return the security money after six months 
  2.33  of compliance with ordered visitation.  The court may order more 
  2.34  severe penalties in the case of subsequent contempts of the 
  2.35  court.