Enacts the child custody reform act

Summary of provisions

The Child Custody Reform Act creates a unified procedure for custody and parenting disputes in the Supreme and Family Courts. Under this bill, the same judge will hear all aspects of custody and parenting disputes and will conduct a planning conference no later than the initial court appearance or hearing date, whichever is earlier. If the parties cannot agree on custody or a parenting plan, the judge will refer the dispute to mediation, unless the judge determines that mediation is inappropri- ate. This amended bill has instituted safe-guards to ensure that both parties to the mediation process have parity in negotiating position so that domestic violence and abusive habits will not enter into the medi- ation process. The bill further defines the types of issues that are not appropriate for mediation.

Sections 1 and 2: Enacts Child Custody Reform Act and provides for Legislative Intent.

Section 3: Adds Domestic Relations Law section 242. This section includes a:

-Definitions section.

-Pre-trial procedures

-Judicial management procedures

-Determination in custody, parenting and support disputes.

This amended bill is much more concise that the initial bill. In addi- tion, it reflects public comments that safeguards needed to be insti- tuted in the bill so that mediation only occurs between parties that are not in an abusive relationship and that there is parity in the negotiat- ing power of each party so that the mediation process and results will

be fair and equitable. Also, the mediation services will be provided based on a scheduled fee chart to minimize the fiscal impact on the Court system, Also, the amended bill simplifies the appointment of members to the advisory committee. Such committee is to be appointed by the Chief Administrator to the Office of Court Administration.

Existing law

The dispute resolution system is, currently being used in various judi- cial districts on a pilot project basis.

Justification

Children suffer significant emotional, financial and educational harm when thrown into a crisis due to parental separation or divorce. This pain can be minimized, in certain circumstances, if both parents remain involved in establishing post-separation or divorce parenting plans that the parents craft themselves. Mediation facilitates the development of such plans. Adversarial litigation about children tends to further alienate parents and children from each other, is more expensive, and does not encourage parental cooperation.

This bill establishes a uniform procedural system for resolving custody and parenting disputes in an amicable manner. Currently, a number of New York Courts are incorporating mediation into their court resolution procedures. This can be an effective way to reduce crowded court calen- dars and make courts more attentive to individual needs. This bill would provide a statewide uniform process to facilitate the use of mediation services. It does not change the substantive rules under which courts allocate custody if the parents can not settle the disputes themselves.

Legislative history

2014: Referred to Judiciary/A876 Referred to Judiciary 2012: S.4382 - Reported to Finance / A.3803 Referred to Judiciary.

Fiscal implications

Undetermined.

Effective date

Immediately, with provisions.