NC 4 Shared Parenting advocates for  the rebuttable presumption in favor of equally shared parenting and residence in the absense of abuse, neglect and violence. We believe and vast amounts of research show that shared, frequent, continuing and meaningful contact with both parents after separation or divorce is in the best interest of the child, except for cases where the court specifically finds that such contact is not in the best interest of the child. We will strive to improve the lives of children and of society as a whole by protecting every child’s right to the involvement of both loving parents after separation or divorce. The public policy of this state should be to encourage parents to participate in decisions affecting the health, education and welfare of their children, and to resolve disputes involving their children amicably through alternative dispute resolution. In order to effectuate these policies, the court should determine the custody arrangement which will best assure both parents participate in such decisions and have shared, frequent, continuing and meaningful contact with their children.

Every court order establishing or modifying custody or visitation should include a provision that if custody or visitation provisions are denied or interfered with without good cause, the aggrieved person may file a “family access motion” with the court stating the specific facts that constitute a violation of the custody provisions. The clerk of court would provide the form and an explanation of the procedures for filing the form. A family access motion should not require the assistance of legal counsel to prepare and file. The performance of this duty by the clerk of court would not constitute the practice of law.

We also believe that upon a finding by the court for contempt when custody or visitation has not been complied with, without good cause, the court should order a remedy and it should include, but not be limited to:
(1) A compensatory period of visitation at a time convenient for the aggrieved party not less than the period of time denied;
(2) Participation by the violator in counseling to educate the violator about the importance of providing the child with a continuing and meaningful relationship with both parents;
(3) Assessment of restitution against the violator payable to the aggrieved party;
(4) Requiring the violator to post bond or security to ensure future compliance with the court’s access orders; and
(5) Ordering the violator to pay the cost of counseling to reestablish the parent-child relationship between the aggrieved party and the child.