North DakotaSB 21862025 Regular SessionSenate

AN ACT to create and enact a new section to chapter 14-09 of the North Dakota Century Code, relating to interference with court-ordered parenting time; to create a child custody review task force; to provide for a legislative management report; and to provide a penalty.

Sponsored By: David A. Clemens (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Make-up time and penalties for parents

When a North Dakota court finds intentional interference with court-ordered parenting time, it must order make-up time. The interfering parent can prevent that order by proving, with clear and convincing evidence, that it should not be ordered. Make-up time must match the type and length of time lost, and can total up to twice the lost time. It can include weekends, holidays, and summer time, and must occur within two years of the court's finding. Courts must give preference to the eligible parent's proposed schedule and can require a co-parenting app. Failure to follow the order can lead to contempt-of-court penalties.

Task force reviews custody enforcement for parents

The law creates a 12-member Child Custody Review Task Force for North Dakota's 2025–26 interim. Members represent courts, lawmakers, parents under custody orders, lawyers, legal services, law enforcement, and family mediators. An appointed lawmaker must lead it, and it must meet at least quarterly. It must review unlawful withholding of children, false information in custody matters, and faster, more effective enforcement. It must consider self-help and AI-assisted forms, faster access to contempt orders without advance notice, and other states' remedies. Those options include civil and criminal penalties and additional make-up parenting time; the study does not itself authorize them. Findings, recommendations, and any proposed legislation are due to Legislative Management by June 30, 2026. Members receive legally authorized compensation or expenses based on their status, including salary plus mileage for state employees. Legislative Council pays lawmakers' per diem and travel expenses and provides task force staffing and administrative support through July 30, 2026.

Sponsors & Cosponsors

Sponsor

  • David A. Clemens

    Republican • Senate

Cosponsors

  • Ben Koppelman

    Republican • House

  • Andrew Marschall

    Republican • House

  • Larry Luick

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 137 • No: 48

Senate vote • 4/16/2025

Second reading, passed, yeas 27 nays 20

Yes: 27 • No: 20

House vote • 4/8/2025

Second reading, passed as amended, yeas 84 nays 9

Yes: 84 • No: 9

Senate vote • 1/30/2025

Second reading, passed, yeas 26 nays 19

Yes: 26 • No: 19

Actions Timeline

  1. Filed with Secretary Of State 04/23

    4/24/2025House
  2. Signed by Governor 04/22

    4/23/2025Senate
  3. Sent to Governor

    4/21/2025Senate
  4. Signed by President

    4/21/2025Senate
  5. Signed by Speaker

    4/21/2025House
  6. Second reading, passed, yeas 27 nays 20

    4/16/2025Senate
  7. Concurred

    4/16/2025Senate
  8. Returned to Senate (12)

    4/9/2025Senate
  9. Second reading, passed as amended, yeas 84 nays 9

    4/8/2025House
  10. Amendment adopted, placed on calendar

    4/3/2025House
  11. Reported back amended, do pass, amendment placed on calendar 12 1 1

    4/2/2025House
  12. Committee Hearing 04:00

    3/13/2025House
  13. Committee Hearing 10:30

    3/10/2025House
  14. Introduced, first reading, referred Judiciary Committee

    2/18/2025House
  15. Received from Senate

    1/31/2025House
  16. Second reading, passed, yeas 26 nays 19

    1/30/2025Senate
  17. Amendment adopted, placed on calendar

    1/29/2025Senate
  18. Reported back amended, do pass, amendment placed on calendar 4 3 0

    1/28/2025Senate
  19. Committee Hearing 10:00

    1/21/2025Senate
  20. Introduced, first reading, referred Judiciary Committee

    1/13/2025Senate

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Vetter

  • Prepared by the Legislative Council staff for Senator Luick

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