2020 -- H 7717 | |
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LC004629 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION | |
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Introduced By: Representatives Casimiro, and Roberts | |
Date Introduced: February 26, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 15-5-29 of the General Laws in Chapter 15-5 entitled "Divorce and |
2 | Separation" is hereby amended to read as follows: |
3 | 15-5-29. Mediation proceedings involving custody and/or visitation. |
4 | (a) Where, in any petition for divorce, divorce from bed and board, or relief without the |
5 | commencement of divorce proceedings, the family court may, as to issues of custody and visitation, |
6 | direct the parties to participate in mediation in an effort to resolve their differences, the court may |
7 | order the participation in mediation in a program established by the court. |
8 | (b) At its discretion, the court may: |
9 | (1) Order mediation under this section prior to trial and postpone trial of the case pending |
10 | the outcome of the mediation, in which case the issues of custody and visitation shall be tried only |
11 | upon failure to resolve the issues of custody by mediation; |
12 | (2) Order mediation under this section prior to trial and proceed to try the case as to issues |
13 | other than custody and visitation while the parties are at the same time engaged in the mediation, |
14 | in which the issue of custody shall be tried separately upon failure to resolve the issues; and |
15 | (3) Complete the trial of the case on all issues and order mediation under this section upon |
16 | the conclusion of the trial, postponing entry of the decree pending outcome of the mediation, in |
17 | which case the court may enter a temporary decree as to issues other than custody any visitation |
18 | upon completion of the trial or may postpone entry of any decree until the expiration of the |
19 | mediation period of agreement of the parties; and |
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1 | (4) Order mediation to consider the reasonable visitation of the grandchild or grandchildren |
2 | to the grandparent. |
3 | (i) Grandparents shall be eligible to initiate and access mediation proceedings to seek |
4 | reasonable visitation with their grandchildren under this section, independent of whether the |
5 | grandparents' child who is the parent of the grandchild is involved in the mediation action. The |
6 | court shall exercise discretion in these matters, but in making determinations, the best interest of |
7 | the grandchild shall be paramount. |
8 | (c) Communications made by or to a mediator or between parties in the presence of the |
9 | mediator as a part of mediation ordered under this section are privileged and are not admissible as |
10 | evidence in any civil or criminal proceeding. |
11 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION | |
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1 | This act would require family court mediation to consider grandparent visitation and permit |
2 | grandparents to initiate and access mediation proceedings to seek reasonable visitation with a |
3 | grandchild. |
4 | This act would take effect upon passage. |
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