Committee holds bill to restore wrongfully lost parenting time after attorney concerns

Representative Heather Scott told the committee House Bill 859 creates a process to restore parenting time when a court finds allegations unsubstantiated or insufficient to meet a clear‑and‑convincing standard. The sponsor described a 'restoration plan' to recover equivalent parental time with minimal disruption to the child.

Family‑law attorneys and court counsel testified that the bill raises several problems. Tony Pantera said the proposal could limit magistrate discretion, would impose the heightened "clear and convincing" burden on litigants and might have a chilling effect on reporting abuse. Stacey Mehar (testifying as a family‑law practitioner) warned HB 859 would increase court workload, legal fees and taxpayer costs and noted existing Idaho mechanisms (Idaho Rule of Family Law Procedure 8.16) already provide remedies for interference with parenting time.

Jason Spielman of the Administrative Office of the Courts said the bill could put judges in the awkward role of reporting parties to prosecutors, which could create recusal issues and undermine judicial neutrality. After debate and competing motions, the committee voted to hold HB 859 in committee; the chair announced the motion to hold passed 7 to 5.

Opponents asked for more work with practitioners to preserve court neutrality and ensure remedies are workable; supporters said the proposal is intended to deter false allegations and restore time lost to unsubstantiated claims.