In re the Parenting of P.H.R. and P.H.R.

Summary

The Montana Supreme Court affirmed in part and reversed in part a district court’s amended parenting plan concerning two minor children. The court reversed provisions requiring a nonparty spouse to attend counseling, permitting the absent parent to contact the children regularly instead of following the parties’ stipulation, and requiring mediation without written informed consent where domestic-violence concerns existed. The court affirmed the allocation of tax dependency deductions between the parents and remanded for revisions to the parenting plan.

Holdings

1. A court may compel conduct only by persons subject to its jurisdiction; therefore, the District Court erred by ordering Sarah's current husband, who was not a party and had not voluntarily submitted to jurisdiction, to attend counseling.
2. The District Court abused its discretion by failing to incorporate the parties' stipulated communication terms into the amended parenting plan without explaining its departure from the stipulation.
3. When the court has reason to suspect physical, sexual, or emotional abuse or a threat of such abuse between parents, mediation is barred unless each party provides written informed consent.
4. Montana courts have jurisdiction to allocate tax dependency deductions in dissolution cases when the allocation serves the best interests of the children and the parties; the District Court acted within its discretion here.

Questions Presented

1. Whether the District Court could order Sarah's current husband, a nonparty who had not submitted to the court's jurisdiction, to attend family counseling.
2. Whether the District Court abused its discretion by replacing the parties' stipulated communication schedule with a provision allowing the absent parent to contact the children regularly.
3. Whether the District Court could require future mediation despite its finding of concern regarding possible domestic violence without requiring written informed consent.
4. Whether the District Court acted within its discretion by allocating the children's tax dependency deductions between the parties.

Disposition

reversed_and_remanded