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§43-107.3.


§43-107.3.
   
   A. In any proceeding for the disposition of children where custody of
   minor children is contested by any party, the court may appoint an
   attorney at law as guardian ad litem on the court's motion or upon
   application of any party to appear for and represent the minor
   children. Expenses, costs, and attorney's fees for the guardian ad
   litem may be allocated among the parties as determined by the court.
   
   B. When property, separate maintenance, or custody is at issue, the
   court:
   
   1. May refer the issue or issues to mediation if feasible unless a
   party asserts or it appears to the court that domestic violence or
   child abuse has occurred, in which event the court shall halt or
   suspend professional mediation unless the court specifically finds
   that:
   
   a. the following three conditions are satisfied:
   
   (1) the professional mediator has substantial training concerning the
   effects of domestic violence or child abuse on victims,
   
   (2) a party who is or alleges to be the victim of domestic violence is
   capable of negotiating with the other party in mediation, either alone
   or with assistance, without suffering an imbalance of power as a
   result of the alleged domestic violence, and
   
   (3) the mediation process contains appropriate provisions and
   conditions to protect against an imbalance of power between parties
   resulting from the alleged domestic violence or child abuse, or
   
   b. in the case of domestic violence involving parents, the parent who
   is or alleges to be the victim requests mediation and the mediator is
   informed of the alleged domestic violence; and
   
   2. When custody is at issue, the court may order, in addition to or in
   lieu of the provisions of paragraph 1 of this subsection, that each of
   the parties undergo individual counseling in a manner that the court
   deems appropriate, if the court finds that the parties can afford the
   counseling.
   
   C. As used in this section:
   
   1. "Child abuse" means:
   
   a. that a child has been physically, emotionally, or psychologically
   abused by a parent,
   
   b. that a child has been:
   
   (1) sexually abused by a parent through criminal sexual penetration,
   incest, or criminal sexual contact of a minor as those acts are
   defined by state law, or
   
   (2) sexually exploited by a parent through allowing, permitting, or
   encouraging the child in obscene or pornographic photographing or
   filming or depicting a child for commercial purposes as those acts are
   defined by state law,
   
   c. that a child has been knowingly or intentionally or negligently
   placed in a situation that may endanger the child's life or health, or
   
   d. that a child has been knowingly or intentionally tortured, cruelly
   confined, or cruelly punished; provided, that nothing in this
   paragraph shall be construed to imply that a child who is or has been
   provided with treatment by spiritual means alone through prayer, in
   accordance with the tenets and practices of a recognized church or
   religious denomination, by a duly accredited practitioner of the
   church or denomination, is for that reason alone a victim of child
   abuse within the meaning of this paragraph; and
   
   2. "Domestic violence" means one parent causing or threatening
   physical harm or assault or inciting imminent fear of physical,
   emotional, or psychological harm to the other parent.
   
   D. During any proceeding concerning child custody, should it be
   determined by the court that a party has intentionally made a false or
   frivolous accusation to the court of child abuse or neglect against
   the other party, the court shall proceed with any or all of the
   following:
   
   1. Find the accusing party in contempt for perjury and refer for
   prosecution;
   
   2. Consider the false allegations in determining custody; and
   
   3. Award the obligation to pay all court costs and legal expenses
   encumbered by both parties arising from the allegations to the
   accusing party.
   

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