This document includes House Committee Amendments incorporated into the bill on Tue, Feb 21, 2017 at 12:35 PM by ryoung.



Chief Sponsor: V. Lowry Snow

Senate Sponsor: Don L. Ipson


8     General Description:
9           This bill modifies provisions related to parenting plans.
10     Highlighted Provisions:
11          This bill:
12          ▸      lists decisions related to an education plan;
13          ▸     addresses who can make the education plan; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          30-3-10.9, as last amended by Laws of Utah 2003, Chapter 288

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 30-3-10.9 is amended to read:
25          30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute
26     resolution.
27          (1) The objectives of a parenting plan are to:

28          (a) provide for the child's physical care;
29          (b) maintain the child's emotional stability;
30          (c) provide for the child's changing needs as the child grows and matures in a way that
31     minimizes the need for future modifications to the parenting plan;
32          (d) set forth the authority and responsibilities of each parent with respect to the child
33     consistent with the definitions outlined in this chapter;
34          (e) minimize the child's exposure to harmful parental conflict;
35          (f) encourage the parents, where appropriate, to meet the responsibilities to their minor
36     children through agreements in the parenting plan rather than relying on judicial intervention;
37     and
38          (g) protect the best interests of the child.
39          (2) The parenting plan shall contain provisions for resolution of future disputes
40     between the parents, allocation of decision-making authority, and residential provisions for the
41     child, and provisions addressing notice and parent-time responsibilities in the event of the
42     relocation of either party. It may contain other provisions comparable to those in Sections
43     30-3-5 and 30-3-10.3 regarding the welfare of the child.
44          (3) A process for resolving disputes shall be provided unless precluded or limited by
45     statute. A dispute resolution process may include:
46          (a) counseling;
47          (b) mediation or arbitration by a specified individual or agency; or
48          (c) court action.
49          (4) In the dispute resolution process:
50          (a) preference shall be given to the provisions in the parenting plan;
51          (b) parents shall use the designated process to resolve disputes relating to
52     implementation of the plan, except those related to financial support, unless an emergency
53     exists;
54          (c) a written record shall be prepared of any agreement reached in counseling or
55     mediation and provided to each party;
56          (d) if arbitration becomes necessary, a written record shall be prepared and a copy of
57     the arbitration award shall be provided to each party;
58          (e) if the court finds that a parent has used or frustrated the dispute resolution process

59     without good reason, the court may award [attorney's] attorney fees and financial sanctions to
60     the prevailing parent;
61          (f) the district court [shall have] has the right of review from the dispute resolution
62     process; and
63          (g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
64          (5) (a) [The] Subject to the other provisions in this Subsection (5), the parenting plan
65     shall allocate decision-making authority to one or both parties regarding the [children's] child's
66     education, health care, and religious upbringing. The parties may incorporate an agreement
67     related to the care and growth of the [children] child in these specified areas or in other areas
68     into their plan, consistent with the criteria outlined in Subsection 30-3-10.7(2) and Subsection
69     (1). Regardless of the allocation of decision-making in the parenting plan, either parent may
70     make emergency decisions affecting the health or safety of the child.
71          (b) A child's education plan shall designate the following:
72          (i) the home residence for purpose of identifying the appropriate school;
73          (ii) whether one or both parents has access to the child during school and authority to
74     check the child out of school; and
75          (iii) which parent has authority to make education decisions for the child in the event
76     the parties cannot agree.
77          (c) If no education provision is included in the parent plan:
78          (i) the parent with sole physical custody Ĥ→ [
may] shall ←Ĥ make the decisions listed in
78a     Subsection
79     (5)(b); or
80          (ii) in the event of joint physical custody, the parent having the child the majority of the
81     time, pursuant to Subsection 30-3-10.3(4) Ĥ→ [
may] shall ←Ĥ make the decisions listed in
81a     Subsection (5)(b) Ĥ→ , except that there is a presumption that both parents with joint physical
81b     custody shall have access to the child during school and authority to check the child out of
81c     school ←Ĥ .
82          (6) Each parent may make decisions regarding the day-to-day care and control of the
83     child while the child is residing with that parent.
84          (7) When mutual decision-making is designated but cannot be achieved, the parties
85     shall make a good faith effort to resolve the issue through the dispute resolution process.
86          (8) The plan shall include a residential schedule [which] that designates in which
87     parent's home each minor child shall reside on given days of the year, including provisions for
88     holidays, birthdays of family members, vacations, and other special occasions.
89          (9) If a parent fails to comply with a provision of the parenting plan or a child support

90     order, the other parent's obligations under the parenting plan or the child support order are not
91     affected. Failure to comply with a provision of the parenting plan or a child support order may
92     result in a finding of contempt of court.

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