Child Visitation Dispute Mediation Act Exposed

The Child Visitation Dispute Mediation Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

While divorce cannot be avoided, the emotional, psychological, and social needs of children must receive greater attention. Legislation must ensure that custody decisions truly reflect the best interests of children. The following legislation encourages the promotion of mediation as an alternate to litigation to resolve visitation.

Model Legislation

{Title, enacting clause, etc.}

Section 1.

The legislature hereby finds and declares that the divorce rate in this state has reached alarming proportions and the number of children affected by divorce has grown accordingly. The legislature also finds and declares that the denial and interference with visitation rights of noncustodial parents is a serious problem for which there is presently no adequate remedy other than litigation between the parties involved, a process that is often lengthy, expensive, and harmful to the best interests of the child involved. Therefore, the legislature declares that it is the public policy of (insert state) to promote the uses of mediation as an alternate to litigation to resolve visitation disputes.

Section 2.

As used in this Act the following terms have the following meaning:

(A) “Office” means the Child Visitation Office as established by this Act.

(B) “Local Department” means the local department of social services for a county.

Section 3.

(A) In each local department of social services for a county there is established a Child Visitation Office. The purpose of such office shall be to develop and implement a visitation dispute mediation program to investigate and mediate complaints arising out of visitation orders issued by a court of competent jurisdiction.

(B) The establishment and operation of such office shall be directed by the (insert appropriate department). The (insert appropriate department) shall:

(1) adopt rules, regulations, and guidelines for the program;

(2) monitor and evaluate the effectiveness of the program; and

(3) establish in each local Office an adequate staff to implement the program.

(C) The legislature appropriates the sum of (insert dollar amount of appropriation) for the establishment and operation of this program.

Section 4. The Child Visitation Office shall:

(A) investigate visitation complaints filed by any party to a visitation order issued by a court of competent jurisdiction. The Office may investigate complaints by persons other than parents who have visitation rights pursuant to an order by a court of competent jurisdiction.

(B) attempt to mediate and informally resolve any dispute concerning visitation that may arise between the parties.

(C) maintain such records as may be necessary, including:

(1) the number of complaints;

(2) the number of complaints investigated;

(3) the amount of time spent on each complaint;

(4) the result of the investigation and/or mediation of each complaint; and

(5) the number of complaints resolved.

(D) Upon a request by a court of competent jurisdiction, the office shall make available to the court any records of any visitation complaint investigated by the Office, including the final report.

Section 5.

The function of the Office shall be only to investigate and mediate visitation disputes. The office shall not exercise any enforcement powers.

Section 6. {Repealer clause.}

Section 7. {Severability clause.}

Section 8. {Effective date.}

1995 Sourcebook of American State Legislation.