UNOFFICIAL COPY AS OF 02/18/03 03 REG. SESS. 03 RS BR 1239

AN ACT relating to child custody and visitation.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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BR123900.100-1239

UNOFFICIAL COPY AS OF 02/18/03 03 REG. SESS. 03 RS BR 1239

SECTION 1. A NEW SECTION OF KRS CHAPTER 403 IS CREATED TO READ AS FOLLOWS:

(1) If one (1) party without good cause interferes with the child custody or visitation rights of another party, the latter party shall continue to comply with any decree, temporary order, or injunction with regard to child support, maintenance, custody, and visitation. However, the latter party may seek custody or visitation enforcement from the court under this section.

(2) The enforcement shall including the awarding to the enforcing party of:

(a) Child custody or visitation similar to the child custody or visitation that was interfered with without good cause; and

(b) Court costs, including reasonable attorneys' fees, for the second and subsequent enforcements in a twelve (12) month period.

(3) The enforcement may include:

(a) Ordering the offending party to attend an educational program;

(b) Ordering the parties to attend mediation, except as provided in KRS 403.036, 403.725, 403.740, and 403.750; and

(c) Any other remedies in the best interests of the child.

(4) The child custody and visitation enforcement referred to in this section shall be in addition to, and not replace, enforcement procedures described in Section 2 of this Act.

Section 2. KRS 403.240 is amended to read as follows:

(1) If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended; but he may move the court to grant an appropriate order.

(2) The failure of either party, without good cause, to comply with a provision of a decree or temporary order or injunction, including a provision with respect to visitation or child support shall constitute contempt of court, and the court shall remedy the failure to comply.

[(3) Good cause not to comply with a provision of a decree or temporary order or injunction with respect to visitation shall include mutual consent of the parties, reasonable belief by either party that there exists the possibility of endangerment to the physical, mental, moral, or emotional health of the child, or endangerment to the physical safety of either party, or extraordinary circumstances as determined by the court.

(4) The court may, if no reasonable cause is found for denial of visitation, award attorney's fees to the prevailing party.]

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BR123900.100-1239