10100468D
SENATE BILL NO. 526
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact § 20-124.4 of the Code of
Virginia, relating to mandatory dispute resolution orientation sessions in
custody, visitation, and child support cases.
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Patron-- Norment
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That § 20-124.4 of the Code of Virginia is
amended and reenacted as follows:
§20-124.4. Mediation.
In any appropriate case the court shall refer the parents or
persons with a legitimate interest to a dispute resolution evaluation orientation
session to be conducted by a mediator certified pursuant to guidelines
promulgated by the Judicial Council at no cost and in accordance with the
procedures set out in Chapter 20.2 (§8.01-576.4 et seq.) of Title 8.01. In
assessing the appropriateness of a referral, the court may
ascertain on its own or shall ascertain upon motion of a
party whether there is a history of family abuse. In
all cases in which custody, visitation, or child support is initially
contested, except those with a history of family abuse, the court shall refer
the parties to, and the parties shall
attend, the dispute
resolution orientation session. If an agreement is not
reached on any issue through further mediation as agreed to by the parties,
prior to the return date set by the court pursuant to §8.01-576.5, the court
shall proceed with a hearing on any unresolved issue, unless a continuance has
been granted by the court. The fee of a mediator appointed in any custody,
support or visitation case shall be $100 per appointment and shall be paid by
the Commonwealth from the funds appropriated for payment of appointments made
pursuant to subsection B of §16.1-267. The court may use its
contempt power to enforce the provisions of this section.
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