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Sponsor pitches 'time‑taken, time‑back' bill to guarantee makeup visitation after unsubstantiated allegations
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Summary
Rep. Schwanke introduced HB 307 to require courts to order compensatory visitation when court‑ordered time is lost due to unsubstantiated allegations; invited witnesses said the change would restore parental time, while court counsel said enforcement would occur through existing custody proceedings and the committee held the bill for further consideration.
Representative Schwanke on April 23 presented HB 307 — described by the sponsor as “time taken, time back” — which would create a statutory right to compensatory visitation when a parent or guardian loses court‑ordered time because investigations into allegations are later found unsubstantiated.
The bill would add a new section to AS 25.20 (AS 25.21.13) providing for makeup visitation equal in type and duration to the lost time, to be scheduled within two years; the sponsor said the change would not be a blank check and allows courts to impose reasonable conditions to protect the child’s best interests.
Lincoln Brubaker, a family‑law advocate, told the committee that precautionary investigations can remove parents from contact with children for weeks or months and that mandatory makeup time would reduce harm and discourage “holiday hijacking” of visitation through false allegations. "This bill will create a very safe, good legislative reform that will place solid guardrails in place," Brubaker said.
Christina Isabelle, who described long court fights and alleged parental alienation in her own case, urged lawmakers to adopt HB 307 to protect children from prolonged separation.
Committee members asked how the statute would be enforced and whether the Office of Children’s Services (OCS) statistics the sponsor cited — roughly 6,739 investigations in FY25 with 77.7% unsubstantiated — applied to custody cases. Nancy Mead, general counsel for the Alaska Court System, said the bill would operate inside existing custody proceedings: a party would seek modification or relief in court and a hearing would determine whether makeup time is appropriate. Mead also clarified the OCS numbers are investigations, not court custody records.
Members discussed additional guardrails and potential wording tweaks to make the bill more workable; the sponsor said he would consider revisions. The committee held HB 307 for further consideration.
