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February 25, 2003

Mr. Speaker:

    The Judiciary Committee recommends H.B. 285, FALSE ALLEGATIONS IN DIVORCE PROCEEDINGS, by Representative N. Hendrickson, be replaced and reports a favorable recommendation on 1st Sub. H.B. 285, FALSE ALLEGATIONS IN DIVORCE PROCEEDINGS with the following amendments:
1.    Page 2, Line 28:    After "merit" insert "by the Division of Child and Family Services or the court,"

2.    Page 2, Line 30:    After "court" delete "may" and insert "shall"; delete "nonalleging" and insert "prevailing"; after "party" delete ":" and insert "court costs and attorneys fees incurred in defending the allegations."

3.    Page 2, Lines 31 - 32:    Delete lines 31 and 32.

4.    Page 2, Line 33:    After line 33, insert:
        "(5) Interference with visitation may be a substantial and material change of circumstances warranting a petition to modify the custody and child support provisions of the existing order."

5.    Page 2, Line 39:    After "30-3-35.5" delete the rest of the line

6.    Page 2, Line 40:    At the beginning of the line, delete "the best interests of the child, but"

7.    Page 2, Line 41:    Delete "that is equal or nearly as equal" and insert "agreed to by the parties"; at the end of the line, delete "minimum"

8.     Page 2, Line 42:    After “be entitled” delete “unless a parent can” and insert “.

9.     Page 2, Line 43:    Delete line 43

10.     Page 2, Line 44:    At the beginning of the line delete “awarded” and insert “If the parties cannot agree, the courts should award a parent-time schedule


11.     Page 2, Line 44:    After “upon” delete “any” and insert “consideration

Respectfully,

Ben C. Ferry

Committee Chair

Voting: 11-1-1
7 HB0285.HC1.wpd 2/25/03 9:21 am cwhite/JDH ECM/JDH


Bill Number
Action Class
Action Code

*HB0285S1*
*H*
*HCRSUBAMD*

HB0285S1
H
HCRSUBAMD