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Filed in Otoe District Court
*** EFILED ***
Case Number: D11CI240000015
Transaction ID: 0021049163
DOMESTIC RELATIONS Filing Date: 01/19/2024 03:04:49 PM CST
PROGRESSION ORDER
IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA
MARK C WURTELE V. AZALEA D WEAVER Case ID: CI24-15
The Court, on its own motion, hereby implements the Parenting Act, as codified
at Neb. Rev. Stat. Section 43-2920 et. seq. and states the best interest of
minor children shall be served as follows:
1. Both parties are prohibited from harassing or disturbing the peace of the
other party.
2. In cases where minor children are involved and until further order of the
court:
Absent exigent circumstances, both parents shall continue to be
responsible for the parenting responsibilities as existed at the time
of the filing of the action.
Any parent’s failure to comply with the above provisions shall be
considered by the court when deciding temporary or permanent custody
of the child(ren).
Parents who are unable to agree on temporary parenting time and
responsibilities may file a motion for a temporary order and may
schedule a hearing before the court once they have exchanged
Financial Affidavits as set forth in paragraph (4) above. Each party
shall complete and provide a court-approved Temporary Child
Information Affidavit (available on the Nebraska Supreme Court
website or at the District Court Clerk’s Office), as described in the
procedure set forth in paragraph (6) below.
Parents are encouraged to use the sample Parenting Plan provided on
the Nebraska Supreme Court’s website to develop their own Parenting
Plan for sharing parenting time and responsibilities related to their
children. Parents are also encouraged to participate in mediation for
assistance in developing a Parenting Plan. Parties who are unable to
agree upon a Parenting Plan shall, before scheduling their case for a
final hearing or trial, schedule mediation or specialized alternative
dispute resolution with a mediator, a court conciliation program, or
an approved mediation center. See Neb. Rev. Stat. 43-2937(3). Waiver
of this requirement is only permitted as provided in §43-2937(4).
Neither parent shall talk badly about or in any way be negative about
the other parent in front of their minor child(ren) or in any
activity or communication involving the minor child(ren). Neither
parent will ask about the other’s personal affairs through the minor
child(ren). Each parent shall cooperate with the other, to the
fullest extent necessary, in order to encourage a safe, secure and
loving environment for their child(ren).
Parents shall promptly inform and consult with each other in the
event of any medical problem involving their minor child(ren). Either
parent may authorize medical treatment and may make emergency
decisions affecting a minor child’s health and safety in an emergency
when the child is in that parent’s care.
Unless otherwise agreed, neither parent shall permanently remove
their minor child(ren) from Nebraska. A parent shall notify the other
parent and provide contact information when a child’s temporary out-
of-state travel involves two or more consecutive overnight stays.
Neither parent shall, without consent from the other parent, change a
minor child’s day care arrangements, school enrollment, religious
practices, medical and mental health providers, and extracurricular
or other activities in which a minor child is enrolled. Related
expenses shall continue to be paid in a manner consistent with the
parties’ practice prior to the filing of the action.
Exigent circumstances means situations involving child abuse or
domestic intimate partner abuse as defined under Nebraska law, or any
other emergency situation requiring swift action to prevent imminent
danger to life.
3. Each parent shall attend a basic level parenting education course within
sixty (60) days from the date of service of process or the date filing a
voluntary appearance and shall file a certificate of compliance with the
office of the Clerk of the District Court. See Neb. Rev. Stat. §43-2928. A
list of approved programs can be obtained from the Administrative Office
of the Court.
This requirement applies to all cases in which parenting issues are
involved, including dissolution of marriage, determination of
paternity, motions to enforce existing orders, and applications to
modify existing custody orders.
If the Court deems it appropriate, the parties may be required to
complete a second level parenting class.
Participation in the course may be delayed or waived by the Court for
good cause shown in writing. Failure or refusal by any party to
participate in the course shall not delay the entry of a final
judgment by more than six (6) months.
4. The parties shall be required to complete a Parenting Plan as required in
Neb. Rev. Stat. §43-2929 and in furtherance thereof:
The parties shall make reasonable efforts to develop a joint
Parenting Plan;
It is further provided that, notwithstanding the language in this
paragraph, domestic violence issues may, upon consideration by the
trial court, disqualify the parties from mediation. A party may not
terminate mediation until after an individual, initial screening
session and one mediation or specialized alternative dispute
resolution session are held.
No trial date will be scheduled until mediation to resolve custody and
/or parenting time/visitation issues have been attempted; provided,
however, that failure to reach an agreement on a parenting plan shall
not delay entry of a final judgment by more than 6 months.
If the parties or their counsel are unable, within 90 days of service
or the filing of a voluntary appearance, to negotiate a Parenting
Plan which satisfies the requirements of the Parenting Act, then the
parties are required to participate in mediation or specialized
alternative dispute resolution with an approved mediator to complete
a parenting plan or visitation schedule, including child custody,
parenting time, grandparent visitation, and any other issues relating
to the children that may be susceptible to mediation. A list of
approved mediation service providers can be obtained from the
Administrative Office of the Court.
The Parenting Plan, if mutually agreed upon, shall be signed by both
parties and their counsel, if any, shall clearly state the names of
all persons participating in developing or negotiating the plan,
shall comply with the Parenting Act, and shall be attached and
incorporated into any final order or decree; and,
5. For good cause shown and (i) when both parents agree and such parental
agreement is bona fide and not asserted to avoid the purposes of the
Parenting Act or (ii) when mediation or specialized dispute resolution is
not possible without undue delay or hardship to either parent, the
mediation or specialized alternative dispute resolution is sought, the
court shall hold an evidentiary hearing and the burden of proof for the
party or parties seeking waiver is by clear and convincing evidence.
6. Upon completion of mediation, the parties shall submit the Parenting Plan
Agreement.
7. If there is no unresolved property, debt or alimony issues, a party may
file a notice of trial. If there are unresolved property, debt or alimony
issues, the parties shall contact the bailiff to schedule a pretrial
conference.
The parties and their attorneys are bound by the local District Court Parenting
Act rule. Copies may be obtained from the local District Court Clerk.
The Clerk of the District Court is directed to send this order to all parties
and their attorneys with the filing and service packets distributed by the
clerk.
Julie D. Smith
I, the undersigned, certify that on January 19, 2024 , I served a copy of the foregoing
document upon the following persons at the addresses given, by mailing by United States Mail,
postage prepaid, or via E-mail:
Azalea D Weaver Angela M Minahan
1405 N. 6th Street amm@rsbmlaw.com
Nebraska City, NE 68410
Date: January 19, 2024 BY THE COURT: _____________________________________
CLERK
Preview
Filed in Otoe District Court *** EFILED *** Case Number: D11CI240000015 Transaction ID: 0021049163 DOMESTIC RELATIONS Filing Date: 01/19/2024 03:04:49 PM CST PROGRESSION ORDER IN THE DISTRICT COURT OF OTOE COUNTY, NEBRASKA MARK C WURTELE V. AZALEA D WEAVER Case ID: CI24-15 The Court, on its own motion, hereby implements the Parenting Act, as codified at Neb. Rev. Stat. Section 43-2920 et. seq. and states the best interest of minor children shall be served as follows: 1. Both parties are prohibited from harassing or disturbing the peace of the other party. 2. In cases where minor children are involved and until further order of the court: Absent exigent circumstances, both parents shall continue to be responsible for the parenting responsibilities as existed at the time of the filing of the action. Any parent’s failure to comply with the above provisions shall be considered by the court when deciding temporary or permanent custody of the child(ren). Parents who are unable to agree on temporary parenting time and responsibilities may file a motion for a temporary order and may schedule a hearing before the court once they have exchanged Financial Affidavits as set forth in paragraph (4) above. Each party shall complete and provide a court-approved Temporary Child Information Affidavit (available on the Nebraska Supreme Court website or at the District Court Clerk’s Office), as described in the procedure set forth in paragraph (6) below. Parents are encouraged to use the sample Parenting Plan provided on the Nebraska Supreme Court’s website to develop their own Parenting Plan for sharing parenting time and responsibilities related to their children. Parents are also encouraged to participate in mediation for assistance in developing a Parenting Plan. Parties who are unable to agree upon a Parenting Plan shall, before scheduling their case for a final hearing or trial, schedule mediation or specialized alternative dispute resolution with a mediator, a court conciliation program, or an approved mediation center. See Neb. Rev. Stat. 43-2937(3). Waiver of this requirement is only permitted as provided in §43-2937(4). Neither parent shall talk badly about or in any way be negative about the other parent in front of their minor child(ren) or in any activity or communication involving the minor child(ren). Neither parent will ask about the other’s personal affairs through the minor child(ren). Each parent shall cooperate with the other, to the fullest extent necessary, in order to encourage a safe, secure and loving environment for their child(ren). Parents shall promptly inform and consult with each other in the event of any medical problem involving their minor child(ren). Either parent may authorize medical treatment and may make emergency decisions affecting a minor child’s health and safety in an emergency when the child is in that parent’s care. Unless otherwise agreed, neither parent shall permanently remove their minor child(ren) from Nebraska. A parent shall notify the other parent and provide contact information when a child’s temporary out- of-state travel involves two or more consecutive overnight stays. Neither parent shall, without consent from the other parent, change a minor child’s day care arrangements, school enrollment, religious practices, medical and mental health providers, and extracurricular or other activities in which a minor child is enrolled. Related expenses shall continue to be paid in a manner consistent with the parties’ practice prior to the filing of the action. Exigent circumstances means situations involving child abuse or domestic intimate partner abuse as defined under Nebraska law, or any other emergency situation requiring swift action to prevent imminent danger to life. 3. Each parent shall attend a basic level parenting education course within sixty (60) days from the date of service of process or the date filing a voluntary appearance and shall file a certificate of compliance with the office of the Clerk of the District Court. See Neb. Rev. Stat. §43-2928. A list of approved programs can be obtained from the Administrative Office of the Court. This requirement applies to all cases in which parenting issues are involved, including dissolution of marriage, determination of paternity, motions to enforce existing orders, and applications to modify existing custody orders. If the Court deems it appropriate, the parties may be required to complete a second level parenting class. Participation in the course may be delayed or waived by the Court for good cause shown in writing. Failure or refusal by any party to participate in the course shall not delay the entry of a final judgment by more than six (6) months. 4. The parties shall be required to complete a Parenting Plan as required in Neb. Rev. Stat. §43-2929 and in furtherance thereof: The parties shall make reasonable efforts to develop a joint Parenting Plan; It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. A party may not terminate mediation until after an individual, initial screening session and one mediation or specialized alternative dispute resolution session are held. No trial date will be scheduled until mediation to resolve custody and /or parenting time/visitation issues have been attempted; provided, however, that failure to reach an agreement on a parenting plan shall not delay entry of a final judgment by more than 6 months. If the parties or their counsel are unable, within 90 days of service or the filing of a voluntary appearance, to negotiate a Parenting Plan which satisfies the requirements of the Parenting Act, then the parties are required to participate in mediation or specialized alternative dispute resolution with an approved mediator to complete a parenting plan or visitation schedule, including child custody, parenting time, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. A list of approved mediation service providers can be obtained from the Administrative Office of the Court. The Parenting Plan, if mutually agreed upon, shall be signed by both parties and their counsel, if any, shall clearly state the names of all persons participating in developing or negotiating the plan, shall comply with the Parenting Act, and shall be attached and incorporated into any final order or decree; and, 5. For good cause shown and (i) when both parents agree and such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act or (ii) when mediation or specialized dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties seeking waiver is by clear and convincing evidence. 6. Upon completion of mediation, the parties shall submit the Parenting Plan Agreement. 7. If there is no unresolved property, debt or alimony issues, a party may file a notice of trial. If there are unresolved property, debt or alimony issues, the parties shall contact the bailiff to schedule a pretrial conference. The parties and their attorneys are bound by the local District Court Parenting Act rule. Copies may be obtained from the local District Court Clerk. The Clerk of the District Court is directed to send this order to all parties and their attorneys with the filing and service packets distributed by the clerk. Julie D. Smith I, the undersigned, certify that on January 19, 2024 , I served a copy of the foregoing document upon the following persons at the addresses given, by mailing by United States Mail, postage prepaid, or via E-mail: Azalea D Weaver Angela M Minahan 1405 N. 6th Street amm@rsbmlaw.com Nebraska City, NE 68410 Date: January 19, 2024 BY THE COURT: _____________________________________ CLERK