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SF 3826

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to family law; imposing additional civil penalties for interference with
parenting time; amending Minnesota Statutes 2006, section 518.175, subdivision
6.

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

Section 1.

Minnesota Statutes 2006, section 518.175, subdivision 6, is amended to read:


Subd. 6.

Remedies.

(a) The court may provide for one or more of the following
remedies for denial of or interference with court-ordered parenting time as provided
under this subdivision. All parenting time orders must include notice of the provisions
of this subdivision.

(b) If the court finds that a person has been deprived of court-ordered parenting
time, the court shall order the parent who has interfered to allow compensatory parenting
time to the other parent or the court shall make specific findings as to why a request
for compensatory parenting time is denied. If 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 discretion of the court, may be in excess of or of a different type than the deprived
parenting time;

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

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

(c) If the court finds that a party has wrongfully failed to comply with a parenting
time order or a binding agreement or decision under section 518.1751, the court deleted text begin may:deleted text end

deleted text begin (1)deleted text end new text begin shallnew text end impose a civil penalty deleted text begin of up to $500deleted text end on the partydeleted text begin ;deleted text end new text begin of $150 for the first
instance, $300 for the second instance, $600 for the third instance, or $1,000 for the
fourth or subsequent instance, and may:
new text end

deleted text begin (2)deleted text end new text begin (1)new text end require the party to post a bond with the court for a specified period of time
to secure the party's compliance;

deleted text begin (3)deleted text end new text begin (2)new text end award reasonable attorney's fees and costs;

deleted text begin (4)deleted text end new text begin (3)new text end 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

deleted text begin (5)deleted text end new text begin (4)new text end 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 deleted text begin anddeleted text end new text begin . One-half of the amount depositednew text end must be used to fund the costs of a parenting
time expeditor program in a county with this program. deleted text begin In other counties, the civil penalty
must be deposited in the state general fund.
deleted text end new text begin The other half of the amount deposited in such
a county and all of the amount deposited in other counties must go to the law enforcement
agency that was active in enforcing this subdivision in the case that led to imposition of
the civil penalty under this paragraph. If more than one law enforcement agency was
involved in the case, the county must divide the money in proportion to their involvement.
new text end

(d) 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.

(e) 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.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2008, for failures to comply with parenting time
orders on or after that date.
new text end