The bill amends section 14-09-06.5 of the North Dakota Century Code to address the consequences of false allegations of harm to a child made by one parent against another. If a court determines that such an allegation is false and not made in good faith, the bill mandates that the parent who made the false allegation must pay the court costs and reasonable attorney's fees incurred by the other parent. Additionally, the bill stipulates that the court shall order additional parenting time for the responding parent unless there is clear and convincing evidence to the contrary. This additional parenting time is intended to compensate for any denial of court-ordered parenting time that resulted from investigations that did not find harm, abuse, or neglect.
The bill outlines specific provisions regarding the additional parenting time, including that it must match the type and duration of the parenting time that was denied, and it may encompass weekends, holidays, and summer periods. Furthermore, the additional parenting time must occur within two years of the court's finding that the allegation was false. The court is also required to consider the proposed schedule for additional parenting time from the parent entitled to it, ensuring that the schedule aligns with the needs and circumstances of the involved parties.
Statutes affected: INTRODUCED: 14-09-06.5
Prepared by the Legislative Council staff for Representative Paulson: 14-09-06.5
FIRST ENGROSSMENT: 14-09-06.5