Rounding out the major changes to the family law statutes taking effect August 1, 2023 (in addition to changes to spousal maintenance and antenuptial agreements) are changes to parenting time.
Family law used to revolve heavily around temporary hearings, but the practice of early neutral evaluations and initial case management conferences changed all that. But the new statutes are bringing back temporary relief, and making it a priority. Under the new Minn. Stat. §518.131, subd. 11, cases where a parent credibly alleges they have been denied parenting time for 14 days or more, or where the party has been unreasonably denied access to necessary financial resources or support, shall be given preference for hearing, and the court shall hold a priority hearing within 30 days of the request. (When considering denials of parenting time, the court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings or neglect as a reasonable basis for the denial.) If temporary parenting time is ordered, the court may also order temporary child support.
When considering temporary custody, the court must now also consider the child’s parenting time with each parent before the action commenced. (Minn. Stat. §518.131, subd. 1(a).) And, if the child’s access to a parent was limited or restricted, the court must determine the child’s custody and parenting time in a manner that supports the child’s opportunity to develop a relationship with both parents. All this as explicitly stated is new, although it was somewhat implied before.
Finally, Minn. Stat. §518.14, Subd. 1a, will now provide that the court may award attorney fees if a party has unreasonably failed to comply with an order or decree that causes the other party to seek enforcement, including the reimbursement of fees and costs incurred before filing a motion. This is now in addition to fees resulting from actions a party takes that unreasonably contributes to the length or expense of the proceeding.