36-6-504 - Determination of contesting the court's intention. - Tennessee Statutes

36-6-504. Determination of contesting the court's intention.

(a)  If a parent requests a hearing pursuant to this part to contest the court's intention to issue a finding of noncompliance to a licensing authority, the court shall conduct the hearing only to determine:

     (1)  Whether the licensee is a parent subject to an order of visitation;

     (2)  Whether the licensee is not in compliance with an order of visitation; and

     (3)  Whether good cause exists to impose the licensing sanctions provided for in this part.

(b)  The parties may enter into a consent order wherein the parent in violation agrees to henceforth comply with the order of visitation. Upon entry of such an order the proceedings for licensing sanctions shall be further stayed unless there is noncompliance with the consent order. In the event of noncompliance with the consent order, the stay shall cease and the court shall certify to each affected licensing authority that such parent is not in compliance with an order of visitation. Entry of such consent order shall constitute a waiver of such parent's right to any hearing on the issue of noncompliance with an order of visitation based upon the notice of noncompliance for which the consent order has been entered.

(c)  The cost of this action and reasonable attorney's fees shall be taxed to the parent who is not in compliance with an order of visitation. The cost of this action and reasonable attorney's fees shall be assessed against any parent who, in bad faith, petitions the court for imposition of sanctions pursuant to this part.

[Acts 2000, ch. 971, § 5.]