H. B. 2083
(By Delegate Burk)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-d, relating to
domestic relations and providing for a visitation mediator
to assist in resolving child visitation disputes between
custodial and noncustodial parents.
Be it enacted by the Legislature of West Virginia:
That chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-d, to read
as follows:
ARTICLE 2D. VISITATION DISPUTE RESOLUTION ACT.
§48-2D-1. Short title.
This act may be cited as the "Visitation Dispute Resolution
Act."
§48-2D-2. Definition.
As used in this article, "visitation dispute" means adisagreement among parties about visitation with a child.
"Visitation dispute" includes a claim by a custodial parent that
a noncustodial parent is not visiting a child as well as a claim
by a noncustodial parent that a custodial parent is denying or
interfering with visitation.
§48-2D-3. Visitation mediator.
Upon agreement of all parties, the family law master may
appoint a visitation mediator to resolve visitation disputes that
occur under a visitation order while a matter is pending under
article two of this chapter or after a decree is entered. Prior
to appointing the visitation mediator, the family law master
shall give the parties notice that the costs of the visitation
mediator will be apportioned among the parties and that if the
parties do not reach an agreement, the visitation mediator will
make a nonbinding decision resolving the dispute.
§48-2D-4. Appointment; costs.
The family law master shall appoint the visitation mediator.
If the parties cannot agree on a visitation mediator, the family
law master shall present a list of candidates with one more
candidate than there are parties to the dispute. In developing
the list of candidates, the family law master shall give
preference to persons who agree to volunteer their services.
Each party shall strike one name and the family law master shall
appoint the remaining individual as the visitation mediator. In
its order appointing the visitation mediator, the family law
master shall apportion the costs of the visitation mediator amongthe parties, with each party bearing the portion of costs that
the family law master determines is just and equitable under the
circumstances.
§48-2D-5. Agreement or decision.
(a) If a visitation dispute arises, the visitation mediator
shall meet with the parties within five days and make a diligent
effort to facilitate an agreement to resolve the visitation
dispute.
(b) If the parties do not reach an agreement, the mediator
shall make a decision resolving the dispute as soon as possible.
If a party does not comply with an agreement of the parties or a
decision of the mediator, any party may bring a motion before the
family law master to resolve the dispute. The family law master
may consider the agreement of the parties or the decision of the
mediator, but neither is binding on the family law master.
§48-2D-6. Other agreements.
This article does not preclude the parties from voluntarily
agreeing to submit their visitation dispute to a neutral third
party.
NOTE: The purpose of this bill is to provide for a
visitation mediator to assist the parties in resolving child
visitation disputes.
This article is new; therefore, strike-throughs and
underscoring have been omitted.