An Act To Strengthen the Enforcement of Divorce Decrees
Maine Legislature, Session 122, LD 1229
Committee: Judiciary
Sponsors: McKENNEY, TURNER

Legislative Document 
No. 1229 
H.P.847 
House of Representatives, March 10,2005 
An Act To Strengthen the Enforcement of Divorce Decrees 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative McKENNEY of Cumberland. 
Cosponsored by Senator: TURNER of Cumberland. 
Printed on recycled paper 
11J~/J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19·A MRSA §1653, sub·§7, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the 
following enacted in its place: 
7. 
Violation of 
order 
concerning 
parental 
rights 
and 
responsibilities and contact. 
Either parent may file a motiQn 
with the court alleging that a parent is not complying with the 
p£rental 
rights 
and 
responsibilities 
or 
parent-child contact 
order under this section and setting forth the possible sanctions 
that may be imposed by the court. 
A. 
The 
court shall determine 
from 
the 
motion 
and 
any 
.r.~onse 
___ t.~tbJL-'!lQti_Qn~h!!~per there has been or is likely 
to be substantial or continuing noncompliance with the order 
and may: 
(1) 
Deny the motiQn if there is inadequate allegation; 
(2) 
Set the matter for hearing as expeditiously as 
PQssible and provide notice to the parties of the time 
and place of the hearing; or 
(3) 
Require 
the 
parties 
to 
seek 
court-approved 
mediatiQn within 60 days. 
At the end of the mediation 
period, the court may approve a 
settlement agreement 
reached by the parents or shall set the matter for 
hearing. 
B. 
After a hearing under paragraph A, if a court finds that 
a parent has not comQlied with the order, the court, in the 
best interests of the child, shall issue an order that may 
include but not be limited tQ one Qr more Qf the following 
orders: 
il) 
An 
ord~L-ilJ!PQ§.j.~Q...Q.jt.JonS!..~~rms and conditions 
that are consistent with the court' s 
previous order, 
except 
th~t the court shall separate the issues of 
child support and contact and may not condition child 
support on contact time; 
(2) 
An order modifying the previous order to meet the 
best interests of the child; 
(3) 
An order 
requiri~ither parent or both parents 
to attend an available parental education program at 
the e~pense of the noncQmplying parent; 
(4) 
An order 
regu~nng the parties to participate in 
available and approved family counseling at the expense 
of the noncomplying parent; 
(5) 
An order reguiring the noncomplying parent to post 
bond or security to ensure future compliance; 
(6) 
An order reguiring that make-up contact time be 
provided for the aggrieved parent under the following 
conditions: 
(a) 
That such contact time is of the same type 
and 
duration of 
contact 
time 
as 
that denied, 
including but not limited to time during weekends, 
on holidays and on weekdays during the summer; 
(b) 
That such contact time is made up within 6 
months after the noncompliance occurs unless the 
period of time or holiday cannot be made up within 
months, in which case the contact time must be 
made 
UJ? within one year after the noncompliance 
occurs; and 
(c) 
That such contact time takes place at the 
time and in the manner chosen by the aggrieved 
parent if it is in the best interests of the child; 
(7) 
An order finding the parent who did not comply 
with the order in contempt of court and imposing a fine 
or term of imprisonment: 
(8) 
An order imposing on the noncomplying parent a 
fine not to exceed $100 per incident of denied contact 
~ 
(9) 
An order scheduling a hearing for modification of 
the existing order concerning the award of parental 
rights and responsibilities; and 
(10) 
Any other order that promotes the best interests 
of the child involved. 
Sec. 2. Parenting time enforcement program. 
state agency, 
as determined by the Governor, 
parenting time enforcement program. 
The appropriate 
shall develop a 
1. 
Development of program. 
The program must facilitate 
children's access to the parents with whom the children reside 
less than the majority of the time by anyone or any combination 
of the following methods: 
A. 
Mediation, both voluntary and mandatory; 
B. 
Family counseling; 
C. 
Parental education; 
D. 
Developing parenting plans; 
E. 
Establishing 
parenting 
time 
enforcement 
procedures, 
including monitored 
parenting 
time, 
supervised 
parenting 
time and designated neutral locations for transfer; 
F. 
Parenting time guidelines; and 
G. 
Alternative 
arrangements 
with 
respect 
to 
parental 
responsibilities. 
2. 
Statewide 
or 
pilot 
project. 
enforcement program, if developed, may be 
basis or on a representative pilot basis. 
The 
parenting 
time 
operated on a statewide 
3. 
Funds. 
The agency shall seek federal and other funds to 
carry 
out 
the 
development, 
implementation, 
monitoring 
and 
evaluation of the program. 
4. 
Monitor, evaluate and report. 
The state agency shall 
moni tor, evaluate and report on the parenting time enforcement 
program. 
The agency shall submit a report on the parenting time 
enforcement program to the Governor, the Legislative Council and 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over judiciary matters by January 15, 2007. 
SUMMARY 
This bill enhances the sanctions available for violations of 
parental 
rights 
and 
responsibilities 
orders, 
particularly 
concerning contact between the child and the parent who does not 
provide the primary residence of the child. 
This 
bill 
also 
directs 
the 
Governor 
to 
designate 
an 
appropriate state agency to develop a parenting time enforcement 
program. 
The 
language 
is 
modeled 
on 
a 
similar 
program 
in 
Colorado. 
The 
agency 
is 
authorized 
to 
seek 
other 
funding, 
including federal grants, 
to develop, 
implement, 
monitor 
and 
evaluate the program.