SF4922

Purpose

• To speed up and clarify temporary relief decisions in family law cases by creating a priority pathway for expedited hearings when certain urgent conditions are alleged, with a focus on parenting time and access to financial resources during a pending marital dissolution.

Key Provisions

• Adds priority for temporary relief hearings under the family law framework.
• Triggers expedited scheduling when a party credibly alleges either:
  • Denial of parenting time with a child for 14 consecutive days or more, or
  • Unreasonable denial of access to necessary financial resources or support during a pending marital dissolution.
• Requires the court to hold a priority hearing within 30 days of the party’s request.
• Requires the court to consider credible allegations of:
  • Domestic abuse,
  • Substance abuse,
  • Maltreatment findings, or
  • Neglect proven by clear and convincing evidence, as a reasonable basis for prioritizing a case where parenting time has been denied, with the hearing still required within 30 days to determine temporary relief if parenting time has been denied for 14 consecutive days or more.
• If temporary parenting time is ordered, the court may also order temporary child support if requested by the other party.

How it Changes Existing Law

• Explicitly designates cases with alleged denial of parenting time or financial access as eligible for expedited, priority hearings.
• Establishes a firm 30-day timeframe for the priority hearing.
• Incorporates a higher evidentiary standard (clear and convincing) for certain allegations (domestic abuse, substance abuse, maltreatment, neglect) to justify prioritization.
• Ties temporary parenting time orders to potential temporary child support, expanding the scope of relief available at the temporary hearing.

Practical Impact

• Families experiencing ongoing parenting time disputes or financial resource interruptions during dissolution proceedings may receive faster court review.
• Courts must allocate resources to conduct expedited hearings, potentially improving timeliness of temporary relief decisions.
• The inclusion of domestic abuse and related findings as basis for priority may provide quicker protection and relief in high-risk situations.

Significant Changes to Law

• Introduces a mandatory 30-day deadline for priority hearings on temporary relief in specified scenarios.
• Elevates the status of credible allegations of domestic abuse, substance abuse, maltreatment, and neglect as a basis for expedited consideration.
• Allows temporary child support to be ordered concurrently with temporary parenting time, if requested.

Important Considerations

• The focus remains on temporary relief rather than long-term custody arrangements.
• The bill emphasizes protected parenting time and access to financial resources during dissolution, potentially affecting how temporary orders are issued and enforced.

Relevant Terms - priority hearing, expedited hearing, temporary relief, temporary parenting time, temporary child support, parenting time, denials of parenting time, access to financial resources, pending marital dissolution, credible allegations, domestic abuse, substance abuse, maltreatment findings, neglect, clear and convincing evidence, 14 consecutive days, 30 days.