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

     

     Introduced By: Representatives Casimiro, and Roberts

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-5-29 of the General Laws in Chapter 15-5 entitled "Divorce and

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Separation" is hereby amended to read as follows:

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     15-5-29. Mediation proceedings involving custody and/or visitation.

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     (a) Where, in any petition for divorce, divorce from bed and board, or relief without the

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commencement of divorce proceedings, the family court may, as to issues of custody and visitation,

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direct the parties to participate in mediation in an effort to resolve their differences, the court may

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order the participation in mediation in a program established by the court.

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     (b) At its discretion, the court may:

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     (1) Order mediation under this section prior to trial and postpone trial of the case pending

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the outcome of the mediation, in which case the issues of custody and visitation shall be tried only

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upon failure to resolve the issues of custody by mediation;

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     (2) Order mediation under this section prior to trial and proceed to try the case as to issues

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other than custody and visitation while the parties are at the same time engaged in the mediation,

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in which the issue of custody shall be tried separately upon failure to resolve the issues; and

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     (3) Complete the trial of the case on all issues and order mediation under this section upon

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the conclusion of the trial, postponing entry of the decree pending outcome of the mediation, in

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which case the court may enter a temporary decree as to issues other than custody any visitation

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upon completion of the trial or may postpone entry of any decree until the expiration of the

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mediation period of agreement of the parties; and

 

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     (4) Order mediation to consider the reasonable visitation of the grandchild or grandchildren

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to the grandparent.

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     (i) Grandparents shall be eligible to initiate and access mediation proceedings to seek

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reasonable visitation with their grandchildren under this section, independent of whether the

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grandparents' child who is the parent of the grandchild is involved in the mediation action. The

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court shall exercise discretion in these matters, but in making determinations, the best interest of

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the grandchild shall be paramount.

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     (c) Communications made by or to a mediator or between parties in the presence of the

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mediator as a part of mediation ordered under this section are privileged and are not admissible as

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evidence in any civil or criminal proceeding.

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     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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     This act would require family court mediation to consider grandparent visitation and permit

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grandparents to initiate and access mediation proceedings to seek reasonable visitation with a

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grandchild.

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     This act would take effect upon passage.

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