SB 156: "An Act requiring mandatory mediation of child custody disputes except in extraordinary circumstances; relating to modification of child custody or visitation rights; amending Alaska Rule of Civil Procedure 100; and providing for an effective date."
00SENATE BILL NO. 156 01 "An Act requiring mandatory mediation of child custody disputes except in 02 extraordinary circumstances; relating to modification of child custody or visitation 03 rights; amending Alaska Rule of Civil Procedure 100; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 25.20.080 is amended to read: 07 Sec. 25.20.080. MEDIATION OF CHILD CUSTODY MATTER. (a) At any 08 time within 30 days after a petition for child custody is filed under AS 25.20.060 or 09 a petition to modify an award of custody or visitation is filed under AS 25.20.110, 10 the court shall [MAY] order the parties to submit to mediation unless the court finds 11 extraordinary cause for not ordering mediation in a particular case. The parties 12 may determine by agreement the number and identity of the mediator or 13 mediators. If the parties do not agree with each other, the court may appoint up 14 to three mediators who have experience in law, child psychology, social work, or
01 other areas appropriate to the particular case. Each party shall have the right to 02 challenge peremptorily one mediator appointed by the court. 03 (b) Mediation shall be conducted informally as a conference, or by telephone, 04 or series of conferences, as determined by the mediators [MEDIATOR]. The parties 05 to the action and a court-appointed representative of the minor children shall attend. 06 An agreement by the parties to the mediation on an issue relating to child custody 07 or visitation shall be reduced to writing and submitted to the court for approval 08 as a court order. The court shall approve an agreement reached between the 09 parties under this subsection unless it finds, based on clear and convincing 10 evidence, that the agreement is not in the best interests of the child. When 11 determining the best interests of the child, the parties to the mediation, the 12 mediators, and the court shall consider the relevant factors set out in 13 AS 25.20.090 and 25.20.150(c). 14 (c) If the mediators determine [MEDIATOR DETERMINES] that mediation 15 efforts are unsuccessful, the mediators [MEDIATOR] shall terminate mediation and 16 notify the court that mediation efforts have failed. If the mediators agree that 17 mediation efforts have failed because one party refuses to attend mediation 18 sessions or refuses to negotiate in good faith, the mediators shall notify the court 19 as to which party has caused the mediation efforts to fail. The custody proceeding 20 shall proceed in the usual manner after mediation fails except that, if the mediators 21 agree that the failure of mediation is due to one party's refusal to attend 22 mediation sessions or to negotiate in good faith, then the court shall award 23 custody as requested by the other party unless the court finds, based on clear and 24 convincing evidence, that the award would not be in the best interests of the child. 25 (d) Upon submission of the parties to mediation under this section, a pending 26 child custody proceeding shall be stayed for a period of 90 [30] days or until the court 27 is notified that mediation efforts have failed. All court orders made during the pending 28 custody proceeding remain in effect during the period of mediation. 29 (e) Costs of mediation shall be paid as ordered by the court by one party, by 30 both parties, or by the state if both parties are indigent. In making its order under 31 this subsection, the court shall consider the relative financial resources of the
01 parties and whether the parties have acted in good faith. 02 * Sec. 2. AS 25.20.110 is amended by adding new subsections to read: 03 (c) If the parties reach an agreement to modify custody or visitation through 04 the mediation ordered under AS 25.20.080, the court shall approve the modification 05 without requiring that a change in circumstances be shown unless the court finds, 06 based on clear and convincing evidence, that the modification would not be in the best 07 interests of the child. 08 (d) For purposes of this section, there is a rebuttable presumption that a change 09 of circumstances has occurred that requires modification of a child custody award 10 involving shared physical custody if the 11 (1) child who is the subject of the award is relocated, or is intended to 12 be relocated, from residence in this state to another state by a person sharing physical 13 custody; and 14 (2) other person sharing physical custody is a resident of this state. 15 (e) For purposes of this section, there is a rebuttable presumption that a change 16 of circumstances has occurred that requires modification of a child custody award 17 involving visitation rights if the custodial parent has frequently, without good cause, 18 denied or curtailed visitation with the child by the person entitled to visitation under 19 the order. 20 * Sec. 3. APPLICABILITY. This Act applies to petitions for child custody or for 21 modification of child custody awards that are filed on or after the effective date of this Act. 22 * Sec. 4. COURT RULE CHANGES. AS 25.20.080, as amended by sec. 1 of this Act, 23 and AS 25.20.110(c), added by sec. 2 of this Act, have the effect of changing Rule 100, 24 Alaska Rules of Civil Procedure, by changing the circumstances under which mediation must 25 be used in child custody cases and by changing a number of details relating to the mediation 26 process and the effect of the mediation process. 27 * Sec. 5. AS 25.20.080, as amended by sec. 1 of this Act, and AS 25.20.110(c), added by 28 sec. 2 of this Act, take effect if and only if sec. 4 of this Act receives the two-thirds majority 29 vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 30 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).