HB-4476, As Passed House, October 15, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4476

(as amended October 14, 2015)

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 1035.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1035. (1) Except as provided in this subsection, a court

shall not order mediation of a contested issue in a domestic

relations action, including postjudgment proceedings, if either of

the following applies:

     (a) A personal protection order has been issued under section

2950 or 2950a or another order has been entered protecting 1 party

and restraining the other party [and there is objective and verifiable

evidence or other written, audio, or visual evidence that supports the allegations in the request or motion for the order]. However, the court may order

mediation if the protected party requests mediation.

     (b) One or both of the parties are involved in a child abuse

House Bill No. 4476 as amended October 14, 2015

or neglect proceeding. However, the court may order mediation if a

parent protected by an order in the proceeding requests mediation.

     (2) In a domestic relations mediation, the mediator shall make

reasonable inquiry as to whether either party has a history of a

coercive or violent relationship with the other party. A reasonable

inquiry includes the use of the domestic violence screening

protocol for mediation provided by the state court administrative

office as directed by the supreme court.

     (3) A mediator shall make reasonable efforts throughout the

domestic relations mediation process to screen for the presence of

coercion or violence that would make mediation physically or

emotionally unsafe for any participant, or that would impede the

achievement of a voluntary and safe resolution of issues.

     (4) As used in this section, "domestic relations action" means

any of the following:

     (a) An action for divorce, separate maintenance, annulment of

marriage, affirmation of marriage, paternity, family support under

the family support act, 1966 PA 138, MCL 552.451 to 552.459, the

custody of minors under the child custody act of 1970, 1970 PA 91,

MCL 722.21 to 722.31, or grandparenting time under section 7b of

the child custody act of 1970, 1970 PA 91, MCL 722.27b.

     (b) A proceeding that is ancillary or subsequent to an action

listed in subdivision (a) and that relates to any of the following:

     (i) The custody of a minor.

     (ii) Parenting time with a minor.

     (iii) The support of a minor, spouse, or former spouse.

[Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.]