30-3-10.9 - Parenting plan -- Objectives -- Required provisions -- Dispute resolution.
30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute resolution.
(1) The objectives of a parenting plan are to:
(a) provide for the child's physical care;
(b) maintain the child's emotional stability;
(c) provide for the child's changing needs as the child grows and matures in a way thatminimizes the need for future modifications to the parenting plan;
(d) set forth the authority and responsibilities of each parent with respect to the childconsistent with the definitions outlined in this chapter;
(e) minimize the child's exposure to harmful parental conflict;
(f) encourage the parents, where appropriate, to meet the responsibilities to their minorchildren through agreements in the parenting plan rather than relying on judicial intervention;and
(g) protect the best interests of the child.
(2) The parenting plan shall contain provisions for resolution of future disputes betweenthe parents, allocation of decision-making authority, and residential provisions for the child, andprovisions addressing notice and parent-time responsibilities in the event of the relocation ofeither party. It may contain other provisions comparable to those in Sections 30-3-5 and30-3-10.3 regarding the welfare of the child.
(3) A process for resolving disputes shall be provided unless precluded or limited bystatute. A dispute resolution process may include:
(a) counseling;
(b) mediation or arbitration by a specified individual or agency; or
(c) court action.
(4) In the dispute resolution process:
(a) preference shall be given to the provisions in the parenting plan;
(b) parents shall use the designated process to resolve disputes relating toimplementation of the plan, except those related to financial support, unless an emergency exists;
(c) a written record shall be prepared of any agreement reached in counseling ormediation and provided to each party;
(d) if arbitration becomes necessary, a written record shall be prepared and a copy of thearbitration award shall be provided to each party;
(e) if the court finds that a parent has used or frustrated the dispute resolution processwithout good reason, the court may award attorney's fees and financial sanctions to the prevailingparent;
(f) the district court shall have the right of review from the dispute resolution process;and
(g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
(5) The parenting plan shall allocate decision-making authority to one or both partiesregarding the children's education, health care, and religious upbringing. The parties mayincorporate an agreement related to the care and growth of the children in these specified areas orin other areas into their plan, consistent with the criteria outlined in Subsection 30-3-10.7(2) andSubsection (1). Regardless of the allocation of decision-making in the parenting plan, eitherparent may make emergency decisions affecting the health or safety of the child.
(6) Each parent may make decisions regarding the day-to-day care and control of thechild while the child is residing with that parent.
(7) When mutual decision-making is designated but cannot be achieved, the parties shallmake a good faith effort to resolve the issue through the dispute resolution process.
(8) The plan shall include a residential schedule which designates in which parent's homeeach minor child shall reside on given days of the year, including provisions for holidays,birthdays of family members, vacations, and other special occasions.
(9) If a parent fails to comply with a provision of the parenting plan or a child supportorder, the other parent's obligations under the parenting plan or the child support order are notaffected. Failure to comply with a provision of the parenting plan or a child support order mayresult in a finding of contempt of court.
Amended by Chapter 288, 2003 General Session