Bill > LD504

Introduced Session

Beginning January 1, 2026, this bill authorizes a party to a divorce, legal separation, parentage or parental rights and responsibilities proceeding or a post-judgment motion arising out of one of these actions to file a motion requesting that the court issue an ex parte emergency parental rights and responsibilities order on the basis that there is an immediate and present risk of substantial harm to the physical or emotional health or safety of a child. The order may be issued by a District Court Judge or a family law magistrate and may include a temporary allocation of parental rights and responsibilities between the parties in the underlying action, conditions of parent-child contact and directives regarding the residence of the child. If a judge or magistrate issues an emergency parental rights and responsibilities order ex parte, the court must hold a hearing within 21 days to determine the need for continuation of the temporary relief granted in the order. A party affected by the emergency parental rights and responsibilities order, other than the party that requested the order, may file a motion to modify or to dissolve the order, which the court must hear as expeditiously as the interests of justice require. The bill also directs the Maine Commission on Domestic and Sexual Abuse to convene a working group of stakeholders, similar to the working group established by Resolve 2021, chapter 99, to review data from the judicial branch gathered for at least 2 years following implementation of the emergency parental rights and responsibilities order process established in this legislation to evaluate the efficacy of the process. The bill directs the commission to submit a report regarding the working group's findings to the joint standing committee of the Legislature having jurisdiction over judiciary matters by November 1, 2028. The committee may report out legislation to the 134th Legislature in 2029 in response to the report.

AI Summary

Committee Categories

Anne Carney (D)*,  Mark Babin (R),  Donna Bailey (D),  Elizabeth Caruso (R),  Rachel Henderson (R),  Amy Kuhn (D),  Dani O'Halloran (D),  Jennifer Poirier (R),  Trey Stewart (R), 

CARRIED OVER, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)

Official Document