ST. PAUL – For well over a decade, the debate over custody and parenting time has been a divisive issue at the Minnesota Legislature. In 2012, Governor Mark Dayton vetoed proposed legislation and called for opposing sides to break the years-long impasse and work together in a collaborative fashion.
In the hopes of crafting workable solutions that address the emotionally charged issues of custody and parenting time when parents are separating, Rep. Tim Mahoney (DFL-St. Paul), Rep. Carolyn Laine (DFL-Columbia Heights), Rep. Kim Norton (DFL-Rochester) and Rep. Peggy Scott (R-Andover) have been working collaboratively with these stakeholders.
Dr. Miki Kashtan, an internationally recognized specialist in dispute resolution, was invited to facilitate the discussions between legislators and representatives of diverse public policy organizations.
The Minnesota Child Custody Dialogue began discussions in October of 2012, with minimal funding provided as contributions from several of the stakeholder groups.
The group has worked with Dr. Kashtan in a three-step process. During the first phase of the Dialogue, a list of 26 overarching principles were developed and agreed upon by the group to set the stage for the discussions (see http://bit.ly/MN-Custody-Principles). . Four subcommittees – each containing members with diverse perspectives from the participating organizations – examined the current law and legal system in light of the 26 principles and named issues of concern or developed proposals. In October of 2013, the full group developed several specific legislative proposals and adopted a general mission and framework. The group also identified additional areas of work to continue with its goal of finding a collaborative response to the complexity of issues surrounding custody and parenting time.
“Considering the years of acrimonious debate, I am deeply moved by the capacity of the group to work collaboratively,” Dr. Kashtan stated. “Subsequent to adopting the principles, during the small-group work and later, I’ve been particularly inspired seeing the level of care about each other’s concerns across lines of difference. Now that the group has reached the point of introducing some legislative changes and the scope of remaining work is known, I have confidence we can attend to the remaining differences in the same manner.”
The Office of Collaboration and Dispute Resolution at the Minnesota Bureau of Mediation Services has contributed to this project with some financial support for the ongoing work as well as technical and fundraising support.
“The trust that this process built has been quite amazing to me,” Rep. Mahoney stated. “I wouldn’t have believed it was possible, but we may achieve more collaboratively than we have been able to do only legislatively.”
The legislation created by this process will be introduced on the first day of the 2014 session. This will consist mostly of items clarifying existing statutes. As Rep. Scott explained, “We have discovered that when we dig deeper into an issue, we find new language that can work for all perspectives, and we have honored that process.”
The group will continue their dialogue and work beyond the legislative session. A dispute that began over a presumption of joint physical custody and equal parenting time is now seen more broadly, encompassing the legal process and societal norms as well. The scope of potential resolutions is similarly broad and encompasses legislation, non-legislative changes to the family court process, and cultural changes. “The proposed legislation is only the beginning,” clarified Rep. Norton.
“The collaborative process has not only allowed individuals with polarized opinions on this issue to come together under shared principles, but this sort of collaboration holds the potential to contribute to the creation of a family law structure with better outcomes for children and families in Minnesota,” said Rep. Laine.
For more information, contact Dr. Miki Kashtan at mkashtan@baynvc.org.