Use of parenting consultants regulation in family court cases

A bill for an act

relating to civil law; regulating the use of parenting consultants in family court

cases; amending Minnesota Statutes 2024, section 518.1751, subdivision 4, by

adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 518.1751, subdivision 4, is amended to read:

Subd. 4.

Other agreements.

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(a) A person selected by the parties to serve as a parenting

consultant must meet the qualifications in subdivision 2c for a parenting time expeditor or

the qualifications of a marriage and family therapist in section 148B.33, subdivision 1. For

the purposes of this section, a "parenting consultant" is a neutral third party hired by the

parties to resolve parenting time disputes and other parenting conflicts.

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(b) The role of a parenting consultant is to assist and guide the parties in resolving issues

that arise due to implementing a custody and parenting time court order. A parenting

consultant may not modify a custody order or change the percentage of the parenting time

awarded to either party.

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(c) Any party may discharge a parenting consultant by providing written notice to the

consultant. The party must also file the notice with the court and serve all parties with the

notice. The court may discharge a parenting consultant when the court finds that the

consultant is not serving the best interest of the child.

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(d)
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This section does not preclude the parties from voluntarily agreeing to submit their

parenting time dispute to a neutral third party or from otherwise resolving parenting time

disputes on a voluntary basis.

Sec. 2.

Minnesota Statutes 2024, section 518.1751, is amended by adding a subdivision

to read:

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Subd. 8.

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Decisions of parenting consultants.

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The decisions of a parenting consultant

must not be binding on the parties to an action under this chapter. The court must not be

bound by the decisions of a parenting time consultant. The court must treat evidence of a

parenting consultant's determination as inadmissible in proceedings commenced under this

chapter. Any evidence, evaluations, or recommendations made by a parenting consultant

must not be admissible in court.

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