SF4039

Purpose

• The bill aims to regulate how parenting consultants are used in Minnesota family court cases. It defines a parenting consultant as a neutral third party hired by the parties to help resolve parenting time disputes and other issues arising from custody and parenting time orders, but not to change those orders.

Main provisions

• Qualifications for parenting consultants:
  • A parenting consultant must meet the qualifications in subdivision 2c for a parenting time expeditor, or be qualified as a marriage and family therapist (MFT) under Minnesota law.
• Roles and limits:
  • The consultant is a neutral third party hired by the parties to help resolve disputes related to parenting time and related issues.
  • The consultant may not modify a custody order or change the percentage of parenting time awarded to either party.
• Discharge of a consultant:
  • Any party can discharge a parenting consultant by giving written notice to the consultant.
  • The party must file the notice with the court and serve all parties.
  • The court may discharge the consultant if it finds the consultant is not serving the best interest of the child.
• Voluntary use:
  • The section does not prevent the parties from voluntarily agreeing to use a neutral third party or from resolving parenting time disputes on a voluntary basis outside of court processes.
• Non-binding and inadmissible decisions:
  • The bill adds a provision that the decisions of a parenting consultant are not binding on the parties.
  • The court is not bound by the consultant’s decisions.
  • Evidence, evaluations, or recommendations from a parenting consultant are not admissible in court.

Significant changes to existing law

• Adds new requirements and protections around parenting consultants:
  • Establishes clear qualifications for who can be a parenting consultant.
  • Establishes that the consultant’s role is advisory and non-binding; cannot alter custody or parenting time.
  • Creates a formal discharge process and criteria for court review.
  • Explicitly makes the consultant’s determinations, and related evidence, inadmissible in court.

Impact on parties and courts

• Parties:
  • Can hire a neutral, qualified professional to help with disputes related to parenting time.
  • Retain control over custody and parenting time decisions, since the consultant’s recommendations are not binding.
  • Have a formal process to end the consultant’s role if desired.
• Courts:
  • Are not required to follow the consultant’s decisions or evidence.
  • Must treat any consultant-related determinations as inadmissible in court proceedings.

Summary of key effects

• Introduces a new, non-binding role of parenting consultant in family court.
• Sets professional qualification requirements for the role.
• Establishes a discharge process for the consultant.
• Keeps custody and parenting time decisions with the court or the involved parties, not with the consultant.
• Keeps consultant recommendations from being used as evidence in court.

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Relevant Terms

• parenting consultant
• neutral third party
• parenting time disputes
• custody order
• parenting time percentage
• discharge
• best interest of the child
• admissible evidence
• inadmissible evidence
• parenting time expeditor
• marriage and family therapist (MFT)
• Minnesota Statutes 2024 section 518.1751
• Subd. 4 (Other agreements)
• Subd. 8 (Decisions of parenting consultants)