Visitation Agreements in North Dakota
In North Dakota, visitation agreements, also known as parenting plans, can be established without the need for court intervention. This is often achieved through a process known as mediation, which is a form of alternative dispute resolution. However, it is important to note that while an agreement can be made outside of court, it is not legally binding until it is approved by a court order.
Mediation and Visitation Agreements
According to North Dakota Century Code 14-09.1-07, the mediator is responsible for reducing any agreement of the parties to writing. The mediator must inform the parties of their right to review the agreement with counsel before they sign the agreement. After the agreement is signed by the parties, the mediator presents the agreement to the court. However, the agreement is not binding upon the parties until it is approved by an order of the court.
This means that while parents can agree on a visitation schedule without going to court, the agreement must still be presented to the court for approval. This ensures that the agreement is in the best interest of the child and adheres to North Dakota’s child custody laws.
Failure to Agree
In cases where the parties are unable to reach an agreement through mediation, the mediator may report to the court that the parties are unable to reach an agreement as per North Dakota Century Code 14-09.1-08. The mediator may recommend to the court that a full hearing on the custody, support, or visitation issue be held within thirty days. However, the mediator may not make a substantive recommendation to the court concerning the contested issue of custody, support, or visitation.
Stipulations and Agreements
According to Rule 11.3 Stipulations, no agreement or consent between the parties or their attorneys with respect to proceedings in court is binding, in case of a dispute as to its terms, unless reduced to writing and signed by the parties or their respective attorneys or made in open court and read into the record of the proceedings.
Temporary Agreements During Deployment
Under North Dakota Century Code 14-09.3-06, parents of a child may enter into a temporary agreement granting custodial responsibility during deployment. This agreement must be in writing and signed by both parents and any nonparent to whom custodial responsibility is granted. However, like other visitation agreements, this agreement is not legally binding until approved by a court order.
In conclusion, while a visitation agreement can be made without going to court in North Dakota, it is not legally binding until it is approved by a court order. This ensures that the agreement is in the best interest of the child and adheres to North Dakota’s child custody laws. It is always recommended to seek legal advice when drafting a visitation agreement to ensure that all legal requirements are met.