North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2184 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	25.0755.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Senators Clemens, Boehm
7	7		Representatives K. Anderson, Frelich, D. Ruby
8	8		A BILL for an Act to amend and reenact section 14-09-06.5 of the North Dakota Century Code,
9	9		relating to additional parenting time after a false allegation of harm to a child.
10	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11		SECTION 1. AMENDMENT. Section 14-09-06.5 of the North Dakota Century Code is
12	12		amended and reenacted as follows:
13	13		14-09-06.5. Allegation of harm to child - Effect.
14	14		1.If the court finds that an allegation of harm to a child by one parent against the other is
15	15		false and not made in good faith, the court shall order the parent making the false
16	16		allegation to pay court costs and reasonable attorney's fees incurred by the other
17	17		parent in responding to the allegation.
18		-	2.Unless a party shows by clear and convincing evidence that additional parenting time
19		-	should not be ordered, if the court finds an allegation of harm to a child by one parent
20		-	against the other is false and not made in good faith, a court shall order additional
21		-	parenting time to the parent responding to the false allegation to indemnify that parent
22		-	for any denial of court-ordered parenting time that resulted from an investigation by the
23		-	department of health and human services, or a governmental agency in another state
24		-	with authority to investigate an allegation of harm to a child, which did not result in a
25		-	finding of harm, abuse, or neglect.
	18	+	2.Unless a party shows good cause why additional parenting time should not be
	19	+	ordered, if the court finds an allegation of harm to a child by one parent against the
	20	+	other is false and not made in good faith, a court shall order additional parenting time
	21	+	to the parent responding to the false allegation to indemnify that parent for any denial
	22	+	of court-ordered parenting time that resulted from an investigation by any person
	23	+	which did not result in a finding of harm, abuse, or neglect.
26	24		3.The additional parenting time:
27	25		a.Must be of the same type and duration of parenting time that was denied;
28	26		b.May include weekend, holiday, and summer parenting time; and
29		-	Page No. 1 25.0755.02000
30		-	ENGROSSED SENATE BILL NO. 2184
31		-	FIRST ENGROSSMENT
	27	+	c.Must occur within two years of the date the court finds the allegation was false
	28	+	and not made in good faith.
	29	+	4.A parent entitled to additional parenting time under subsection 2 may determine the
	30	+	schedule of the additional parenting time subject to subsection 3.
	31	+	Page No. 1 25.0755.01000
	32	+	SENATE BILL NO. 2184
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53		-	Legislative Assembly
54		-	c.Must occur within two years of the date the court finds the allegation was false
55		-	and not made in good faith.
56		-	4.A court shall give deference to the proposed additional parenting time schedule of the
57		-	parent entitled to additional parenting time under subsection 2 when determining the
58		-	schedule of the additional parenting time subject to subsection 3.
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