Bill Text: NY A03986 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates the parent-mediation program for child custody disputes; requires parents, who were in a dispute over the custody of their child or children, to participate in a court sponsored mediation program; provides that the mediator would be responsible for submitting the results of the process to the court, which in turn would enter an appropriate custody and support order.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A03986 Detail]
Download: New_York-2013-A03986-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3986
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
___________
Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the domestic relations law, in relation to the estab-
lishment and use of a parent-mediation program for child custody
disputes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The domestic relations law is amended by adding a new arti-
2 cle 5-B to read as follows:
3 ARTICLE 5-B
4 PARENT-MEDIATION PROGRAM FOR CHILD CUSTODY DISPUTES
5 SECTION 79. PURPOSE.
6 79-A. DEFINITIONS.
7 79-B. RESPONSIBILITY FOR MEDIATION SERVICES.
8 79-C. MEDIATION PROCESS.
9 79-D. TRAINING, CONTINUING EDUCATION, AND EXPERIENCE REQUIRE-
10 MENTS FOR MEDIATORS AND MEDIATION SUPERVISORS.
11 79-E. ETHICS.
12 S 79. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO PROVIDE A MEDIATION
13 PROGRAM TO PARENTS WHO ARE IN DISPUTE OVER THE CUSTODY OF THEIR CHILD OR
14 CHILDREN.
15 S 79-A. DEFINITIONS. AS USED IN THIS ARTICLE:
16 1. "COURT" SHALL MEAN ANY COURT OF THIS STATE AUTHORIZED TO ENTER AN
17 ORDER OF CUSTODY AND/OR SUPPORT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
18 ONE OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER.
19 2. "MEDIATOR" SHALL HAVE THE SAME MEANING AS GIVEN IN SUBDIVISION TWO
20 OF SECTION EIGHT HUNDRED FORTY-NINE-A OF THE JUDICIARY LAW.
21 3. "MEDIATION SUPERVISOR" SHALL MEAN A MEDIATOR WHO HAS BEEN GIVEN
22 DIRECT SUPERVISION OVER ONE OR MORE OTHER MEDIATORS.
23 S 79-B. RESPONSIBILITY FOR MEDIATION SERVICES. 1. ANY COURT WITH COUN-
24 TY-WIDE JURISDICTION SHALL ENSURE THAT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00145-01-3
A. 3986 2
1 (A) MEDIATORS ARE IMPARTIAL, COMPETENT, AND UPHOLD THE STANDARDS OF
2 PRACTICE PURSUANT TO THIS ARTICLE.
3 (B) MEDIATION SERVICES AND CASE MANAGEMENT PROCEDURES IMPLEMENT STATE
4 LAW AND ALLOW SUFFICIENT TIME FOR PARTIES TO RECEIVE ORIENTATION,
5 PARTICIPATE FULLY IN MEDIATION, AND DEVELOP A COMPREHENSIVE PARENTING
6 PLAN WITHOUT UNDULY COMPROMISING EACH PARTY'S RIGHT TO DUE PROCESS AND A
7 TIMELY RESOLUTION OF THE ISSUES.
8 (C) MEDIATION SERVICES DEMONSTRATE ACCOUNTABILITY BY:
9 (I) PROVIDING FOR ACCEPTANCE OF AND RESPONSE TO COMPLAINTS ABOUT A
10 MEDIATOR'S PERFORMANCE;
11 (II) PARTICIPATING IN STATEWIDE DATA COLLECTION EFFORTS; AND
12 (III) DISCLOSING THE USE OF INTERNS TO PROVIDE MEDIATION SERVICES.
13 (D) THE MEDIATION PROGRAM USES A DETAILED INTAKE PROCESS THAT SCREENS
14 FOR AND INFORMS THE MEDIATOR ABOUT ANY RESTRAINING ORDERS OR SAFETY-RE-
15 LATED ISSUES AFFECTING ANY PARTY OR CHILD NAMED IN THE PROCEEDINGS TO
16 ALLOW COMPLIANCE WITH RELEVANT LAW OR COURT RULES BEFORE MEDIATION
17 BEGINS.
18 (E) WHENEVER POSSIBLE, MEDIATION IS AVAILABLE FROM BILINGUAL MEDIATORS
19 OR OTHER INTERPRETER SERVICES.
20 (F) MEDIATION SERVICES PROTECT PARTY CONFIDENTIALITY IN:
21 (I) STORAGE AND DISPOSAL OF RECORDS AND ANY PERSONAL INFORMATION ACCU-
22 MULATED DURING THE MEDIATION PROCESS;
23 (II) INTERAGENCY COORDINATION OR COOPERATION REGARDING A PARTICULAR
24 FAMILY OR CASE; AND
25 (III) MANAGEMENT OF CHILD ABUSE REPORTS AND RELATED DOCUMENTS.
26 2. EACH MEDIATOR SHALL:
27 (A) MAINTAIN AN OVERRIDING CONCERN TO INTEGRATE THE CHILD'S BEST
28 INTERESTS WITHIN THE FAMILY CONTEXT.
29 (B) INFORM THE PARTIES AND ANY COUNSEL FOR A MINOR CHILD IF THE MEDIA-
30 TOR WILL MAKE A RECOMMENDATION TO THE COURT THAT THE COURT SHOULD
31 APPOINT AN ATTORNEY TO REPRESENT THE MINOR CHILD. THE MEDIATOR SHALL
32 INFORM THE COURT OF THE REASONS WHY IT WOULD BE IN THE BEST INTERESTS OF
33 THE CHILD TO HAVE AN ATTORNEY APPOINTED.
34 (C) USE REASONABLE EFFORTS AND CONSIDER SAFETY ISSUES TO:
35 (I) FACILITATE THE FAMILY'S TRANSITION AND REDUCE ACRIMONY BY HELPING
36 THE PARTIES IMPROVE THEIR COMMUNICATION SKILLS, FOCUS ON THE CHILD'S
37 NEEDS AND AREAS OF STABILITY, IDENTIFY THE FAMILY'S STRENGTHS, AND
38 LOCATE COUNSELING OR OTHER SERVICES;
39 (II) DEVELOP A COMPREHENSIVE PARENTING AGREEMENT THAT ADDRESSES EACH
40 CHILD'S CURRENT AND FUTURE DEVELOPMENTAL NEEDS; AND
41 (III) CONTROL THE POTENTIAL POWER IMBALANCES BETWEEN THE PARTIES
42 DURING MEDIATION.
43 S 79-C. MEDIATION PROCESS. 1. ALL PARENT-MEDIATION PROGRAM PROCESSES
44 SHALL BE CONDUCTED IN ACCORDANCE WITH STATE LAW AND SHALL INCLUDE:
45 (A) REVIEW OF THE INTAKE FORM AND COURT FILE, IF AVAILABLE, BEFORE THE
46 START OF MEDIATION.
47 (B) ORAL AND WRITTEN ORIENTATION OR PARENT EDUCATION THAT FACILITATES
48 THE PARTIES' INFORMED AND SELF-DETERMINED DECISION-MAKING ABOUT:
49 (I) THE TYPES OF DISPUTED ISSUES GENERALLY DISCUSSED IN MEDIATION AND
50 THE RANGE OF POSSIBLE OUTCOMES FROM THE MEDIATION PROCESS;
51 (II) THE MEDIATION PROCESS, INCLUDING: THE MEDIATOR'S ROLE; THE
52 CIRCUMSTANCES THAT MAY LEAD THE MEDIATOR TO MAKE A PARTICULAR RECOMMEN-
53 DATION TO THE COURT; LIMITATIONS ON THE CONFIDENTIALITY OF THE PROCESS;
54 AND ACCESS TO INFORMATION COMMUNICATED BY THE PARTIES OR INCLUDED IN THE
55 MEDIATION FILE;
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1 (III) HOW TO MAKE BEST USE OF INFORMATION DRAWN FROM CURRENT RESEARCH
2 AND PROFESSIONAL EXPERIENCE TO FACILITATE THE MEDIATION PROCESS,
3 PARTIES' COMMUNICATION, AND CO-PARENTING RELATIONSHIP; AND
4 (IV) HOW TO ADDRESS EACH CHILD'S CURRENT AND FUTURE DEVELOPMENTAL
5 NEEDS.
6 (C) INTERVIEW WITH CHILDREN AT THE MEDIATOR'S DISCRETION. THE MEDIATOR
7 MAY INTERVIEW THE CHILD ALONE OR TOGETHER WITH OTHER INTERESTED PARTIES,
8 INCLUDING STEPPARENTS, SIBLINGS, NEW OR STEPSIBLINGS, OR OTHER FAMILY
9 MEMBERS SIGNIFICANT TO THE CHILD. IF INTERVIEWING A CHILD, THE MEDIATOR
10 SHALL:
11 (I) INFORM THE CHILD IN AN AGE-APPROPRIATE MANNER OF THE MEDIATOR'S
12 OBLIGATION TO DISCLOSE SUSPECTED CHILD ABUSE AND NEGLECT AND THE LOCAL
13 POLICIES CONCERNING DISCLOSURE OF THE CHILD'S STATEMENTS TO THE COURT.
14 (II) WITH PARENTAL CONSENT, COORDINATE INTERVIEW AND INFORMATION
15 EXCHANGE AMONG AGENCY OR PRIVATE PROFESSIONALS TO REDUCE THE NUMBER OF
16 INTERVIEWS A CHILD MIGHT EXPERIENCE.
17 (D) ASSISTANCE TO THE PARTIES, WITHOUT UNDUE INFLUENCE OR PERSONAL
18 BIAS, IN DEVELOPING A PARENTING PLAN THAT PROTECTS THE HEALTH, SAFETY,
19 WELFARE, AND THE BEST INTERESTS OF THE CHILD AND THAT OPTIMIZES THE
20 CHILD'S RELATIONSHIP WITH EACH PARTY BY INCLUDING, AS APPROPRIATE,
21 PROVISIONS FOR SUPERVISED VISITATION IN HIGH-RISK CASES; DESIGNATION FOR
22 LEGAL AND PHYSICAL CUSTODY; A DESCRIPTION OF EACH PARTY'S AUTHORITY TO
23 MAKE DECISIONS THAT AFFECT THE CHILD; LANGUAGE THAT MINIMIZES LEGAL,
24 MENTAL HEALTH, OR OTHER JARGON; AND A DETAILED SCHEDULE OF THE TIME A
25 CHILD IS TO SPEND WITH EACH PARTY, INCLUDING VACATIONS, HOLIDAYS, AND
26 SPECIAL OCCASIONS, AND TIMES WHEN THE CHILD'S CONTACT WITH A PARTY MAY
27 BE INTERRUPTED.
28 (E) EXTENSION OF TIME TO ALLOW THE PARTIES TO GATHER ADDITIONAL INFOR-
29 MATION IF THE MEDIATOR DETERMINES THAT SUCH INFORMATION WILL HELP THE
30 DISCUSSION PROCEED IN A FAIR AND ORDERLY MANNER OR FACILITATE AN AGREE-
31 MENT.
32 (F) SUSPENSION OR DISCONTINUANCE OF MEDIATION IF ALLEGATIONS OF CHILD
33 ABUSE OR NEGLECT ARE MADE UNTIL A DESIGNATED AGENCY PERFORMS AN INVESTI-
34 GATION AND REPORTS A CASE DETERMINATION TO THE MEDIATOR.
35 (G) TERMINATION OF MEDIATION IF THE MEDIATOR BELIEVES THAT HE OR SHE
36 IS UNABLE TO ACHIEVE A BALANCED DISCUSSION BETWEEN THE PARTIES.
37 (H) CONCLUSION OF MEDIATION WITH:
38 (I) A WRITTEN PARENTING PLAN THAT SUMMARIZES THE PARTIES' AGREEMENT OR
39 MEDIATOR'S RECOMMENDATION THAT IS GIVEN TO COUNSEL OR THE PARTIES BEFORE
40 THE RECOMMENDATION IS PRESENTED TO THE COURT.
41 (II) A WRITTEN OR ORAL DESCRIPTION OF ANY SUBSEQUENT CASE MANAGEMENT
42 OR COURT PROCEDURES FOR RESOLVING ONE OR MORE OUTSTANDING CUSTODY OR
43 VISITATION ISSUES, INCLUDING INSTRUCTIONS FOR OBTAINING TEMPORARY
44 ORDERS.
45 (I) RETURN TO MEDIATION TO RESOLVE FUTURE CUSTODY OR VISITATION
46 DISPUTES.
47 2. UPON THE COMPLETION OF THE MEDIATION PROCESS, THE MEDIATOR SHALL
48 SUBMIT A WRITTEN COPY OF THE MEDIATION AGREEMENT TO THE COURT. SUCH
49 AGREEMENT SHALL BE SIGNED BY BOTH PARENTS, INDICATING THEIR ASSENT TO
50 THE TERMS OF THE AGREEMENT.
51 S 79-D. TRAINING, CONTINUING EDUCATION, AND EXPERIENCE REQUIREMENTS
52 FOR MEDIATORS AND MEDIATION SUPERVISORS. 1. ALL MEDIATORS AND MEDIATION
53 SUPERVISORS MUST:
54 (A) COMPLETE A MINIMUM OF FORTY HOURS OF CUSTODY AND VISITATION MEDI-
55 ATION TRAINING WITHIN THE FIRST SIX MONTHS OF INITIAL EMPLOYMENT AS A
56 PARENT-MEDIATION PROGRAM MEDIATOR.
A. 3986 4
1 (B) ATTEND RELATED CONTINUING EDUCATION PROGRAMS, CONFERENCES, AND
2 WORKSHOPS.
3 (C) PARTICIPATE IN PERFORMANCE SUPERVISION AND PEER REVIEW.
4 2. EACH MEDIATION SUPERVISOR SHALL ATTEND AT LEAST THIRTY-TWO HOURS OF
5 ADDITIONAL TRAINING EACH CALENDAR YEAR.
6 S 79-E. ETHICS. MEDIATION SHALL BE CONDUCTED IN AN ATMOSPHERE THAT
7 ENCOURAGES TRUST IN THE PROCESS AND A PERCEPTION OF FAIRNESS. TO THAT
8 END, MEDIATORS SHALL:
9 1. MEET THE PRACTICE AND ETHICAL STANDARDS ADOPTED BY THE LEGISLATURE
10 AND THOSE STANDARDS ADOPTED BY THE COURTS.
11 2. MAINTAIN OBJECTIVITY, PROVIDE AND GATHER BALANCED INFORMATION FOR
12 BOTH PARTIES, AND CONTROL BIAS.
13 3. PROTECT THE CONFIDENTIALITY OF THE PARTIES AND THE CHILD IN MAKING
14 ANY COLLATERAL CONTACTS AND NOT RELEASE INFORMATION ABOUT THE CASE TO
15 ANY INDIVIDUAL EXCEPT AS AUTHORIZED BY THE COURT OR STATUTE.
16 4. NOT OFFER ANY RECOMMENDATIONS ABOUT A PARTY UNLESS THAT PARTY HAS
17 BEEN EVALUATED DIRECTLY OR IN CONSULTATION WITH ANOTHER QUALIFIED
18 NEUTRAL PROFESSIONAL.
19 5. CONSIDER THE HEALTH, SAFETY, WELFARE, AND BEST INTERESTS OF THE
20 CHILD IN ALL PHASES OF THE PROCESS, INCLUDING INTERVIEWS WITH PARENTS,
21 EXTENDED FAMILY MEMBERS, COUNSEL FOR THE CHILD, AND OTHER INTERESTED
22 PARTIES OR COLLATERAL CONTACTS.
23 6. STRIVE TO MAINTAIN THE CONFIDENTIAL RELATIONSHIP BETWEEN THE CHILD
24 WHO IS THE SUBJECT OF AN EVALUATION AND HIS OR HER TREATING PSYCHOTHERA-
25 PIST.
26 7. OPERATE WITHIN THE LIMITS OF HIS OR HER TRAINING AND EXPERIENCE AND
27 DISCLOSE ANY LIMITATIONS OR BIAS THAT WOULD AFFECT HIS OR HER ABILITY TO
28 CONDUCT THE MEDIATION.
29 8. NOT REQUIRE CHILDREN TO STATE A CUSTODIAL PREFERENCE.
30 9. NOT DISCLOSE ANY RECOMMENDATIONS TO THE PARTIES, THEIR ATTORNEYS,
31 OR THE ATTORNEYS FOR THE CHILD BEFORE HAVING GATHERED THE INFORMATION
32 NECESSARY TO SUPPORT THE CONCLUSION.
33 10. DISCLOSE TO THE COURTS, PARTIES, ATTORNEYS FOR THE PARTIES, AND
34 ATTORNEYS FOR THE CHILD CONFLICTS OF INTEREST OR DUAL RELATIONSHIPS AND
35 NOT ACCEPT ANY APPOINTMENT EXCEPT BY COURT ORDER OR THE PARTIES' STIPU-
36 LATION.
37 11. BE SENSITIVE TO THE PARTIES' SOCIOECONOMIC, GENDER, RACE, ETHNICI-
38 TY, CULTURAL VALUES, RELIGIOUS, FAMILY STRUCTURE, AND DEVELOPMENTAL
39 CHARACTERISTICS.
40 12. DISCLOSE ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST. IN THE
41 EVENT OF A CONFLICT OF INTEREST, THE MEDIATOR SHALL SUSPEND MEDIATION
42 AND MEET AND CONFER IN AN EFFORT TO RESOLVE THE CONFLICT OF INTEREST TO
43 THE SATISFACTION OF ALL PARTIES OR ACCORDING TO LOCAL COURT RULES. THE
44 COURT MAY ORDER MEDIATION TO CONTINUE WITH ANOTHER MEDIATOR OR OFFER THE
45 PARTIES ALTERNATIVES. THE MEDIATOR CANNOT CONTINUE UNLESS THE PARTIES
46 AGREE IN WRITING TO CONTINUE MEDIATION DESPITE THE DISCLOSED CONFLICT OF
47 INTEREST.
48 S 2. Paragraph (a) of subdivision 1 of section 240 of the domestic
49 relations law, as amended by chapter 476 of the laws of 2009, is amended
50 to read as follows:
51 (a) In any action or proceeding brought (1) to annul a marriage or to
52 declare the nullity of a void marriage, or (2) for a separation, or (3)
53 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
54 tion and order to show cause, the custody of or right to visitation with
55 any child of a marriage, the court shall require verification of the
56 status of any child of the marriage with respect to such child's custody
A. 3986 5
1 and support, including any prior orders, and MAY REQUIRE THE PARENTS OF
2 SUCH CHILD TO PARTICIPATE IN A MEDIATION PROCESS THROUGH THE PARENT-MED-
3 IATION PROGRAM ESTABLISHED BY ARTICLE FIVE-B OF THIS CHAPTER. THE COURT
4 shall enter orders for custody and support [as] THAT CONFORM WITH THE
5 TERMS AND CONDITIONS OF THE MEDIATION AGREEMENT IF SUCH MEDIATION PROC-
6 ESS IS UTILIZED, BUT IF THE COURT DETERMINES THAT THE TERMS OF SUCH
7 AGREEMENT ARE UNFAIR OR UNJUST OR NO SUCH AGREEMENT EXISTS THEN, in the
8 court's discretion, AS justice requires[, having regard to]. IN REACH-
9 ING ITS DECISION THE COURT SHALL CONSIDER the circumstances of the case
10 and of the respective parties and [to] the best interests of the child
11 and SHALL BE subject to the provisions of subdivision one-c of this
12 section. Where either party to an action concerning custody of or a
13 right to visitation with a child alleges in a sworn petition or
14 complaint or sworn answer, cross-petition, counterclaim or other sworn
15 responsive pleading that the other party has committed an act of domes-
16 tic violence against the party making the allegation or a family or
17 household member of either party, as such family or household member is
18 defined in article eight of the family court act, and such allegations
19 are proven by a preponderance of the evidence, the court must consider
20 the effect of such domestic violence upon the best interests of the
21 child, together with such other facts and circumstances as the court
22 deems relevant in making a direction pursuant to this section and state
23 on the record how such findings, facts and circumstances factored into
24 the direction. If a parent makes a good faith allegation based on a
25 reasonable belief supported by facts that the child is the victim of
26 child abuse, child neglect, or the effects of domestic violence, and if
27 that parent acts lawfully and in good faith in response to that reason-
28 able belief to protect the child or seek treatment for the child, then
29 that parent shall not be deprived of custody, visitation or contact with
30 the child, or restricted in custody, visitation or contact, based solely
31 on that belief or the reasonable actions taken based on that belief. If
32 an allegation that a child is abused is supported by a preponderance of
33 the evidence, then the court shall consider such evidence of abuse in
34 determining the visitation arrangement that is in the best interest of
35 the child, and the court shall not place a child in the custody of a
36 parent who presents a substantial risk of harm to that child, and shall
37 state on the record how such findings were factored into the determi-
38 nation. An order directing the payment of child support shall contain
39 the social security numbers of the named parties. In all cases there
40 shall be no prima facie right to the custody of the child in either
41 parent. Such direction shall make provision for child support out of the
42 property of either or both parents. The court shall make its award for
43 child support pursuant to subdivision one-b of this section. Such direc-
44 tion may provide for reasonable visitation rights to the maternal and/or
45 paternal grandparents of any child of the parties. Such direction as it
46 applies to rights of visitation with a child remanded or placed in the
47 care of a person, official, agency or institution pursuant to article
48 ten of the family court act, or pursuant to an instrument approved under
49 section three hundred fifty-eight-a of the social services law, shall be
50 enforceable pursuant to part eight of article ten of the family court
51 act and sections three hundred fifty-eight-a and three hundred eighty-
52 four-a of the social services law and other applicable provisions of law
53 against any person having care and custody, or temporary care and custo-
54 dy, of the child. Notwithstanding any other provision of law, any writ-
55 ten application or motion to the court for the establishment, modifica-
56 tion or enforcement of a child support obligation for persons not in
A. 3986 6
1 receipt of public assistance and care must contain either a request for
2 child support enforcement services which would authorize the collection
3 of the support obligation by the immediate issuance of an income
4 execution for support enforcement as provided for by this chapter,
5 completed in the manner specified in section one hundred eleven-g of the
6 social services law; or a statement that the applicant has applied for
7 or is in receipt of such services; or a statement that the applicant
8 knows of the availability of such services, has declined them at this
9 time and where support enforcement services pursuant to section one
10 hundred eleven-g of the social services law have been declined that the
11 applicant understands that an income deduction order may be issued
12 pursuant to subdivision (c) of section fifty-two hundred forty-two of
13 the civil practice law and rules without other child support enforcement
14 services and that payment of an administrative fee may be required. The
15 court shall provide a copy of any such request for child support
16 enforcement services to the support collection unit of the appropriate
17 social services district any time it directs payments to be made to such
18 support collection unit. Additionally, the copy of any such request
19 shall be accompanied by the name, address and social security number of
20 the parties; the date and place of the parties' marriage; the name and
21 date of birth of the child or children; and the name and address of the
22 employers and income payors of the party from whom child support is
23 sought or from the party ordered to pay child support to the other
24 party. Such direction may require the payment of a sum or sums of money
25 either directly to the custodial parent or to third persons for goods or
26 services furnished for such child, or for both payments to the custodial
27 parent and to such third persons; provided, however, that unless the
28 party seeking or receiving child support has applied for or is receiving
29 such services, the court shall not direct such payments to be made to
30 the support collection unit, as established in section one hundred
31 eleven-h of the social services law. Every order directing the payment
32 of support shall require that if either parent currently, or at any time
33 in the future, has health insurance benefits available that may be
34 extended or obtained to cover the child, such parent is required to
35 exercise the option of additional coverage in favor of such child and
36 execute and deliver to such person any forms, notices, documents or
37 instruments necessary to assure timely payment of any health insurance
38 claims for such child.
39 S 3. Paragraph (a) of subdivision 1-b of section 240 of the domestic
40 relations law, as added by chapter 567 of the laws of 1989, is amended
41 to read as follows:
42 (a) The court shall make its award for child support pursuant to THE
43 TERMS AND CONDITIONS OF A MEDIATION AGREEMENT REACHED IN ACCORDANCE WITH
44 THE PROVISIONS OF ARTICLE FIVE-B OF THIS CHAPTER, IF SUCH PROCESS IS
45 UTILIZED. BUT IF THE COURT SHOULD DETERMINE THAT SUCH TERMS AND CONDI-
46 TIONS ARE NOT FAIR AND JUST, OR IF THE MEDIATION PROCESS IS NOT
47 UTILIZED, THEN THE COURT SHALL MAKE ITS AWARD FOR CHILD SUPPORT PURSUANT
48 TO the provisions of this subdivision. The court may vary from the
49 amount of the basic child support obligation determined pursuant to
50 paragraph (c) of this subdivision only in accordance with paragraph (f)
51 of this subdivision.
52 S 4. This act shall take effect immediately.
