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SB 2186

AN ACT to create and enact a new section to chapter 14-09 of the North Dakota Century Code, relating to interference with court-ordered parenting time; to create a child custody review task force; to provide for a legislative management report; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by David Clemens and 3 co-sponsors

Creates a civil remedy: if a parent intentionally interferes with court-ordered parenting time, courts must award additional time (up to double the lost period) within two years.

Filed with Secretary Of State 04/23
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WeVote Research Nonpartisan
Bill Summary · SB 2186

Summary — SB 2186 (North Dakota, 2025)

Status and timing
- Introduced: March 10, 2025.
- Passed both chambers (enrollment shows Senate 27–20, House 84–9).
- Filed with the Secretary of State: April 23, 2025.
- Interim task force work and report schedule: 2025–26 interim; final report due to Legislative Management by June 30, 2026.

Purpose
- To strengthen remedies and enforcement when a parent intentionally interferes with court-ordered parenting time, to update criminal penalties for removal/withholding of children and for knowingly false reports to authorities, and to create a Child Custody Review Task Force to evaluate enforcement options and recommend legislative changes.

Key provisions

  1. New civil remedy for interference with parenting time (new section to NDCC chapter 14‑09)
  2. If the court finds a parent intentionally interfered with the other parent’s court-ordered parenting time, the court must — unless the alleged intervened parent shows by clear and convincing evidence that additional time should not be ordered — award additional parenting time to indemnify the aggrieved parent.
  3. Scope and limits of additional time:
    • Must be at least the same type and duration as the time lost and may be up to double the lost period (court discretion).
    • May include weekend, holiday, and summer parenting time.
    • Must be scheduled to occur within two years from the court’s finding of intentional interference.

  4. Procedure and enforcement:

    • Courts must give deference to the aggrieved parent’s proposed schedule.
    • Courts may consider ordering parents to use a co‑parenting application for scheduling/communication.
    • Noncompliance can be sanctioned as contempt of court.

  5. Amendments to criminal statute addressing removal/withholding and false reports (amendment to NDCC 12.1‑18‑05)

  6. Removing or detaining one’s child outside North Dakota with the intent to deny another’s custodial rights: class C felony. Detention >72 hours outside the state is prima facie evidence of intent.

  7. Removing or detaining the child within North Dakota in violation of a custody decree: tiered penalties (first/second offense as infractions; escalating to misdemeanors for further offenses — see bill text for precise classes).

  8. Knowingly providing false information or reports alleging harm by one parent to law enforcement or Department of Health and Human Services: tiered penalties (infractions for first/second, escalating for repeat offenses).

  9. Child Custody Review Task Force (2025–26 interim)

  10. Membership includes judicial self‑help and district court representatives, state bar appointee, legislative members, parent representatives, law enforcement, family mediators, and the Director of Legal Services.

  11. Duties: study withholding of children, false reporting, enforcement options (civil/criminal), expedited ex parte contempt processes, development of self‑help/AI‑assisted forms, and remedies used in other states.

  12. Reporting: findings and legislative recommendations due to Legislative Management by June 30, 2026.

  13. Administrative provisions for reimbursement, per diem, and staffing by Legislative Council through July 30, 2026.

Who is affected
- Parents and custodial parties subject to North Dakota child custody and parenting‑time orders.
- Courts (family/district courts) that will implement mandatory compensatory parenting‑time remedies.
- Law enforcement and Department of Health and Human Services in handling alleged false reports.
- Legal system actors and service providers engaged by the Task Force.

Practical impact
- Creates an automatic civil remedy (additional parenting time) intended to compensate a parent for lost parenting time caused by intentional interference.
- Enhances penalties and clarifies criminal exposure for removal/withholding and for knowingly false allegations.
- Seeks systemic review (Task Force) to recommend procedural and legislative reforms to speed and improve enforcement of custody orders.

Compiled from official sources — confirm details with the bill’s official record.

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