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2003 SESSION

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SB 1097 Parent Education; custody, visitation, and support cases.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Parent education; custody, visitation, and support cases. Eliminates the 2003 sunset and modifies the existing requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar that is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no case exceed $50. This bill is identical to HB 2128.

SUMMARY AS PASSED SENATE:

Parent education; custody, visitation, and support cases. Eliminates the 2003 sunset of, and modifies the existing requirements that parents attend educational seminars addressing the effects of separation or divorce on children, parenting responsibilities, etc. Under the bill the parties to any petition for custody, visitation or support shall show proof that they have attended within 12 months before their first court appearance or shall attend within 45 days thereafter an educational seminar that is at least four hours in length. Once a party has completed one educational program, the required completion of additional programs is at the court's discretion. Such programs are to be completed, where possible, prior to participating in mediation or alternative dispute resolution, and the court may grant an exemption from attendance of such program for good cause shown or if there is no program reasonably available. Parties include natural or adoptive parents, or any person with a legitimate interest as defined in § 20-124.1. The fee for such programs shall be based on ability to pay, but shall in no case exceed $50. This bill is identical to HB 2128.

SUMMARY AS INTRODUCED:

Education in custody and visitation cases. Modifies the 2000 provisions that required the court to order parent education in contested cases. Under this bill the court must order attendance of an educational program for parents, guardians, legal custodians and persons serving in loco parentis who petition for custody or visitation, not just parents and not just in contested cases as in current law. The fee remains the same as in current law, which is a sliding scale, not to exceed $50. Under current law, the court may excuse participation in the educational program for good cause shown. This bill excuses participation for compelling circumstances and requires written documentation of the reason for the exemption. The bill requires attendance of the educational program before participating in mediation or other alternative dispute resolution method, unless the court allows the sequence to be reversed for good cause shown.

The 2000 bill had a sunset clause and expires on July 1, 2003. This bill amends the Code as it is without the 2000 amendments, so some of the provisions that are new language in this bill are actually current law that will be repealed by the sunset clause on July 1, 2003. In order to give effect to this bill the sunset clause should not be repealed this session.