Northern Dakota MPs consider the child’s custody violation – Inforum

Bismarck – Northern Dakota MPs discuss a draft law that would establish stricter sanctions for parents who violate custody agreements in the form of a “strike” system.

Under

The draft law of the Senate 2186,

Criminal charges could be prosecuted if a parent violates the rights of custody by “holding” or withholding a child under 18 years of another tutor, namely the other parent.

The first two offenses would lead to a criminal offense of $ 1,000. For the third crime, the punishment moves to a Class B crime, which is punished by up to 30 days of imprisonment and a fine of $ 1,500. The fourth crime could lead to a class A crime and lead to one year in prison and a fine of $ 3,000.

The same system of “strike” was applied if a person was found guilty of the intentional filing of a false complaint on children.

Only two of the two dozen testimonies were opposed to the legislation before the first hearing of the Senate Judicial Committee, which advanced the draft law for one vote upstairs.

The Senate sent the draft law to the Chamber after passing with a 26-19 vote.

As the meeting on Monday, March 10, of the Judicial Commission of the House, the relationship between those who support and oppose the draft law has changed dramatically, with half of the testimony in the opposition.

The opponents said that, if past, the draft law could wrongly punish a parent and could endanger more.

“I am not aware of any other place where we take a civilian order and then say that its violation is now a kind of crime,” said Stephanie Grevebretson, a lawyer representing the heads of the Police Association. “It is incredibly problematic to put the law enforcement in this position to try to make determinations on these incredibly specific situations.”

Some potential implications listed by opponents have included cases of older adolescents who refuse to comply with custody orders, physical barriers for custody transfer, such as severe weather and sudden domestic violence.

Also, a person may decide not to report the abuse suspected of children, for fear of being criminally accused of submitting a false request.

Robert Garza, based in Texas, who wrote the draft law and testified from a distance, said that the legislation is necessary to protect the rights of the parents.

“The draft law allows the escalation of penalties to discourage repeated criminals, while providing a chance to those who make an initial false report to reconsider their actions,” Garza said. “It is about maintaining the integrity of our social assistance system by preventing false accusations that can destroy families.”

Three North Dakotani provided additional support testimonies during the meeting, who shared first -hand accounts of “soul crushing” custody.

Todd Peterson, a divorced father by West Fargo, said that although the bill will not apply for him, he was obliged to testify after he was “terrified” by the current system.

“Our system perpetuates injury, destruction of our children, families and communities,” he said. “Alienating parents is a form of severe abuse of children with consequences throughout their lives.”

The committee did not take measures on the draft law on Monday. If the house approves the draft law, it should be signed by governor Kelly Armstrong before becoming law.