Sec. 1. 19-A MRSA §1653, sub-§3, ļO, as amended by PL 2001, c. 665, §1, is further amended to read:

O. A parent's prior willful misuse of the protection from abuse process in chapter 101 in order to gain tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child. Such willful misuse may only be considered if established by clear and convincing evidence, and if it is further found by clear and convincing evidence that in the particular circumstances of the parents and child, that willful misuse tends to show that the acting parent will in the future have a lessened ability and willingness to cooperate and work with the other parent in their shared responsibilities for the child. The court shall articulate findings of fact whenever relying upon this factor as part of its determination of a child's best interest. The voluntary dismissal of a protection from abuse petition may not, taken alone, be treated as evidence of the willful misuse of the protection from abuse process;

SUMMARY

This bill removes the requirement that evidence of a parent's prior willful misuse of the protection-from-abuse process may only be considered if the willful misuse tends to show that the acting parent will in the future have a lessened ability and willingness to cooperate with the other parent in their shared responsibility for their child.