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      CHC 1269.8     


Art. 1269.8.  Enforcement of continuing contact agreement; modification

A.  Unless another court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, the court shall retain jurisdiction after the decree of adoption is entered for the purpose of hearing motions brought to enforce, modify, or terminate an agreement entered into pursuant to the provisions of this Chapter.  For the convenience of the parties and the witnesses and in the interest of justice, the court, upon contradictory motion or upon its own motion after notice and hearing, may transfer the proceeding to another juvenile court in the state.

B.  Before hearing such a motion, the court shall refer the parties to mediation in accordance with Title IV, Chapter 6 of this Code.  Only if the court finds that the party seeking relief has participated or attempted to participate in good faith in mediating the dispute, may it proceed to a determination on the merits of the motion.

C.  If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.

D.  The court shall order continuing compliance in accordance with the agreement and refuse to modify or terminate it unless it finds that there has been a change of circumstances and the agreement no longer serves the best interest of the child.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.

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