01/19/1994 01:34 PM Senate HES

 CHAIRMAN RIEGER brought  HB 122  (CHILD CUSTODY PROCEDURES) before            
 the committee.                                                                
                                                                               
 CHRIS CHRISTENSEN, General Counsel to the Judicial Branch, informed           
 the committee that HB 122 is a non-controversial, technical change.           
 HB 122 deletes from the statute the requirement that the findings             
 and recommendations of a neutral mediator be considered by a court.           
                                                                               
 CHAIRMAN RIEGER asked if the court is allowed to receive input from           
 an arbitrator although it's not specifically referenced in statute.           
 Mr. Christensen said that he did not believe the current                      
 arbitration statutes were applicable to family law area.                      
                                                                               
 SENATOR SALO questioned if the remaining list is adequate without             
 misreading of the mediator as an arbitrator.  Mr. Christensen                 
 pointed out that according to statute, the judge is to base                   
 decisions of custody on the best interest of the child.  Many                 
 factors are taken into consideration when determining the best                
 interest of the child.                                                        
                                                                               
 SENATOR ELLIS asked if the Alaska Family Support Group, MADD, or              
 DADD have a position on HB 122.  Mr. Christensen implied that they            
 had no opposition due to no complaints from these groups.                     
                                                                               
 SENATOR MILLER moved that HB 122 be moved out of Senate HESS                  
 committee with individual recommendations. Hearing no objections,             
 it was so ordered.