On April 1, 2020, the Court expanded its family mediation program to allow access to family mediators to resolve parenting time disputes in cases with existing parenting time orders and without the necessity of a pending motion. The expansion of the family mediation program addresses two concerns raised in many emails that have been received by the Court during the current emergency; the expense of modifying or enforcing existing orders and the delay inherent in the formal motions process. The expanded program is being provided without cost to the parties and has been designed to require the mediation to occur within one to seven days of the online application and requires a determination to be made within three days of the mediation.

With schools closed and courthouses operating with limited access during this emergency, parents who live apart might be confused about changing family situations and existing parenting time orders. All court orders for parenting time and support remain in force and must be followed. Only a new court order can change an existing order. A new court order requires the submission of a formal motion, in writing, to the court.

Where government actions restrict travel or, if a child’s safety is at issue, parents should work together to maintain the child’s access to both parents as close to the normal arrangement as possible. If it is necessary to share parenting responsibilities in ways that are different than an existing court order, parents should work together to further the child’s best interests. The court has provided an expansion of our family mediation program to assist parents in reaching an agreement. 

Information on parenting time mediation: https://www.ndcourts.gov/legal-self-help/request-for-expedited-parenting-time-mediation