Title 14, Domestic Relations and Persons

The supreme court shall adopt rules establishing the minimum qualifications of a mediator. To be included on a list of qualified mediators approved by the court, a person must possess the minimum qualifications.

The mediator shall conduct the mediation proceedings in private. The mediator may not exclude counsel from participation in the mediation proceedings.

Any communication, verbal or written, in a mediation proceeding under this chapter is confidential and inadmissible as evidence in any proceeding. A mediator appointed under this chapter may not be a witness and the notes and work product of the mediator are not subject to discov…

The mediator shall prepare a written summary of any agreement of the parties. The mediator shall inform the parties the summary may not be shown to the court unless signed by the parties. The mediator shall advise the court whether an agreement was reached.

The mediator may report to the court at any time that the parties are unable to reach an agreement. The mediator may recommend to the court that a full hearing on the custody, support, or visitation issue be held within thirty days. The mediator may not make a substantive recomme…

A parenting coordinator is a neutral individual authorized to use any dispute resolution process to resolve disputes between parties arising under a parenting plan or court order. The purpose of a parenting coordinator is to resolve disputes by interpreting, clarifying, and addre…

In any action for divorce, legal separation, paternity, or guardianship in which children are involved, the court, upon its own motion or by motion or agreement of the parties, may appoint a parenting coordinator to assist the parties in resolving disputes related to the parentin…

The supreme court shall establish qualifications and maintain and make available to the public a roster of individuals eligible to serve as a parenting coordinator. The roster must include each individual's name, address, and telephone number.

Within five days of notice of the appointment, or within five days of notice of a subsequent dispute between the same parties, the parenting coordinator shall meet with the parties together or separately and shall make a diligent effort to facilitate an agreement to resolve the d…

Before the appointment of the parenting coordinator, the court shall give the parties notice that the fees of the parenting coordinator will be apportioned between the parties. In its order appointing the parenting coordinator, the court shall apportion the fees of the parenting …

1. If there is an ongoing dispute between the parties regarding a specific written decision of the parenting coordinator, the written decision must be filed with the court and served upon the parties. 2. Statements made and documents produced as part of the parenting coordinator …

A parenting coordinator is immune from civil liability for damages for acts or omissions of ordinary negligence arising out of that individual's duties and responsibilities as a parenting coordinator.

The court may terminate or modify the parenting coordinator appointment upon agreement of the parties, upon motion of either party, at the request of the parenting coordinator, or by the court on its own motion for good cause shown. Good cause includes: 1. Lack of reasonable prog…

1. "Adult" means an individual who has attained eighteen years of age or an emancipated minor. 2. "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation. 3…

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may ass…

1. A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 14-14.1. 2. If a court has issued a temporary order regarding custodial responsibility pursuant to sections 14-09.3-11 through 14-09.3-21, the resi…

1. Except as otherwise provided in subsection 4 and subject to subsection 3, a deploying parent shall notify in a record the other parent of a pending deployment or redeployment not later than seven days after receiving notice of deployment or redeployment unless reasonably preve…

1. Except as otherwise provided in subsection 2, an individual to whom custodial responsibility has been granted during deployment pursuant to sections 14-09.3-07 through 14-09.3-10 or sections 14-09.3-11 through 14-09.3-21 shall notify the deploying parent and any other individu…

1. The parents of a child may enter into a temporary agreement under sections 14-09.3-07 through 14-09.3-10 granting custodial responsibility during deployment. 2. An agreement under subsection 1 must be: a. In writing; and b. Signed by both parents and any nonparent to whom cust…

1. An agreement under sections 14-09.3-07 through 14-09.3-10 is temporary and terminates pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification…

1. By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 14-09.3-07 through 14-09.3-10. 2. If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in …

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this chapter, or if a court order currently i…

An agreement or power of attorney under sections 14-09.3-07 through 14-09.3-10 must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement o…

In sections 14-09.3-11 through 14-09.3-21, "close and substantial relationship" means a relationship in which a significant bond exists between a child and a nonparent.

1. After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the federal Servicemembers Civil Relief Act [50 U.S.C. appendix sections 521 and 522]. A court…

If a motion to grant custodial responsibility is filed under subsection 2 of section 14-09.3-12 before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under sections 14-09.3-11 through 14-09.3-21, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

In a proceeding for a grant of custodial responsibility pursuant to sections 14-09.3-11 through 14-09.3-21, the following rules apply: 1. A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet t…

1. On motion of a deploying parent and in accordance with the laws of this state other than this chapter, if it is in the best interests of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child …

On motion of a deploying parent, and in accordance with the laws of this state other than this chapter, unless the court finds that the contact would be contrary to the best interests of the child, a court shall grant limited contact to a nonparent who is a family member of the c…

1. A grant of authority under sections 14-09.3-11 through 14-09.3-21 is temporary and terminates under sections 14-09.3-22 through 14-09.3-25 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant …

1. An order granting custodial responsibility under sections 14-09.3-11 through 14-09.3-21 must: a. Designate the order as temporary; and b. Identify to the extent feasible, the destination, duration, and conditions of the deployment. 2. If applicable, an order for custodial resp…

If a court has issued an order granting caretaking authority under sections 14-09.3-11 through 14-09.3-21, or an agreement granting caretaking authority has been executed under sections 14-09.3-07 through 14-09.3-10, the court may enter a temporary order for child support consist…

1. Except for an order under section 14-09.3-15, except as otherwise provided in subsection 2, and consistent with the federal Servicemembers Civil Relief Act, [50 U.S.C. appendix sections 521 and 522], on motion of a deploying or other parent or any nonparent to whom caretaking …

1. At any time after return from deployment, a temporary agreement granting custodial responsibility under sections 14-09.3-07 through 14-09.3-10 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. 2. A temporary agreement under sec…

At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under sections 14-09.3-11 through 14-09.3-21. After an agreement has bee…

After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under sections 14-09.3-07 through 14-09.3-10 or sections 14-09.3-11 through 14-09.3-21 is terminated, the court shall issue a temporary order granting th…

1. If an agreement between the parties to terminate a temporary order for custodial responsibility under sections 14-09.3-11 through 14-09.3-21 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent and any nonparent grante…

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the notices desc…

As used in this chapter: 1. "Child" means an unemancipated individual who is under eighteen years of age. 2. "Compensation" means wages or other remuneration paid in exchange for care of a child. The term does not include reimbursement of expenses for care of the child, including…

1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in which a nonparent seeks custody or visitation. 2. This chapter does not apply to a proceeding: a. Between nonparents, unless a parent is a party to the proceeding; b. Pertaining to custody of…

1. A court may order custody or visitation to a nonparent if the nonparent proves: a. The nonparent: (1) Is a consistent caretaker; or (2) Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child; and b. An order of custo…

1. In an initial proceeding under this chapter, a decision by a parent regarding a request for custody or visitation by a nonparent is presumed to be in the best interest of the child. 2. Subject to section 14-09.4-14, a nonparent has the burden to rebut the presumption under sub…

A nonparent may commence a proceeding by filing a petition under section 14-09.4-06 in the court having jurisdiction to determine custody or visitation under chapter 14-14.1.

1. A nonparent shall verify a petition for custody or visitation under penalty of perjury and allege facts showing the nonparent: a. Meets the requirements of a consistent caretaker of the child; or b. Has a substantial relationship with the child and denial of custody or visitat…

1. The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent: a. Is a consistent caretaker; or b. Has a substantial relationship with the child and denial of custody or visitation would result …