CHAPTER 273
H.P. 1104 - L.D. 1473
An Act to Make Uniform the Language Governing Parental Rights and Responsibilities in the Maine Revised Statutes
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §1653, sub-§5-A is enacted to read:
5-A. Effect of protective order. Although the court shall consider the fact that a protective order was issued under chapter 101, the court shall determine the proper award of parental rights and responsibilities and award of rights of contact de novo and may not use as precedent the award of parental rights and responsibilities and rights of contact included in the protective order.
Sec. 2. 19-A MRSA §4001, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
3. Enforcement. To provide protection by promptly entering and diligently enforcing court orders that prohibit abuse and, when necessary, by reducing the abuser's access to the victim and addressing related issues of child custody parental rights and responsibilities and economic support so that victims are not trapped in abusive situations by fear of retaliation, loss of a child or financial dependence;
Sec. 3. 19-A MRSA §4006, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
5. Interim relief. The court, in an ex parte proceeding, may make an order concerning the care and custody of parental rights and responsibilities relating to minor children residing in the household and may enjoin the defendant from engaging in the following:
A. Imposing a restraint upon the person or liberty of the plaintiff;
B. Threatening, assaulting, molesting, harassing, attacking or otherwise disturbing the peace of the plaintiff;
C. Entering the family residence or the residence of the plaintiff;
D. Repeatedly and without reasonable cause:
(1) Following the plaintiff; or
(2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment;
E. Taking, converting or damaging property in which the plaintiff may have a legal interest; or
F. Having any direct or indirect contact with the plaintiff.
If the court enjoins the defendant under this subsection and the enjoined conduct constitutes harassment under Title 17-A, section 506-A, the court shall include in the order a warning in conformity with Title 17-A, section 506-A.
Sec. 4. 19-A MRSA §4007, sub-§1, ¶G, as amended by PL 1999, c. 486, §5 and affected by §6, is further amended to read:
G. Either awarding some or all temporary custody of parental rights and responsibilities with regard to minor children or establishing awarding temporary visitation rights of contact with regard to minor children when the visitation is determined to be in the best interest of the child, or both, under such conditions that the court finds appropriate as determined in accordance with the best interest of the child pursuant to section 1653, subsections 3 to 6. The court's custody and visitation award of parental rights and responsibilities or rights of contact is not binding in any separate action involving an award of parental rights and responsibilities pursuant to chapter 55 or in a similar action brought in another jurisdiction exercising child custody jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act;
Effective September 21, 2001, unless otherwise indicated.
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