How can I help advocate for Family Court Reform?

All family court professionals need to be trained and educated in the nuances and dynamics of Domestic Violence and Child Abuse when determining child custody cases. We all need to be a voice for these children who do not have one and support legislation that will keep them safe.

What can be done to protect the children?

The issue lies in lack of training and understanding of child abuse and domestic violence in these cases. Protective mothers are often times labeled as “high conflict” and their allegations of abuse are not taken seriously by court professionals. 

All court professionals in the family court system should be trained in these four key areas: Screening for Abuse, Assessing the Risk of Abuse, Coercive Control and Post Separation Abuse, and the Effects of the Abuse on children.

Parental Rights vs. Children’s Rights

Parental rights are trumping children’s rights and this needs to stop. Equal parenting bills, across the country make matters worse for children with abusive parents.

The issue lies in the 3.8% of divorces that result in contested custody. These cases are considered "high conflict" and nearly ALL of them involve Domestic Violence or Coercive Control from one parent. 

The National Council of Juvenile and Family Court Judges and The Saunders Study (Saunders et al., 2012) found that courts are not imposing supervision on alleged abusive parents. They are focused on the "rights" of abusive parents, rather than the child's well-being.

How can you help? 

Children deserve to be heard, believed and protected by the family court system. The research shows that the current trend of courts is not believing the child’s or their protective parents’ allegations of abuse, whether it be physical, sexual, or psychological, causing horrific outcomes including custody going in favor of their abuser, and in some cases, the murder of that child.  Over 989 children have been murdered by an abusive parent in the last 10 years. 

This is why we need to support initiatives such as Kyra’s Law and Kayden's Law which puts child safety first and advocate for judicial accountability.

How can you speak up?

1. Email congress, your state delegate and state senator and ask them to support Kayden’s Law or a similar initiative that puts child safety first.

   
   

2. Request an in-person meeting with your legislator.

   
   

3. Attend a General Assembly subcommittee or committee hearing and make a statement in support of Kayden’s Law/Family Court Reform Initiatives in your state.

To find your state legislators, go to:

• https://www.senate.gov/senators/senators-contact.htm

• https://guides.loc.gov/us-states-territories

This is a global human rights crisis, and it will take our voices as parents, advocates, and communities to give a voice to those who need it most- our children.

Data from: 

Battered Women’s Justice Project. (2020). SAFeR: Screening, Assessing, Focusing on the Effects, and Responding to Abuse. https://www.bwjp.org/our-work/projects/safer/safer-approach.html

Center for Disease Control and Prevention. (2020). Adverse Childhood Experiences (ACEs). Center for Disease Control and Prevention (CDC). https://www.cdc.gov/violenceprevention/aces/index.html

Felitti, V. J., Anda, R. F., Nordenberg, D., Williamson, D. F., Spitz, A. M., Edwards, V., Koss, M. P., & Marks, J. S. (2019). REPRINT OF: Relationship of Childhood Abuse and Household Dysfunction to Many of the Leading Causes of Death in Adults: The Adverse Childhood Experiences (ACE) Study. American Journal of Preventive Medicine, 56(6), 774–786. https://doi.org/10.1016/j.amepre.2019.04.001

Meier, J. S., Dickson, S., O’Sullivan, C., Rosen, L., & Hayes, J. (2019, October). Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations (No. 2019–56). GWU Law School. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3448062

Saunders, Ph.D., D. G., Faller, Ph.D., K. C., & Tolman, Ph.D., R. M. (2012, June). Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations: Their Relationship to Evaluator Demographics, Background, Domestic Violence Knowledge and Custody-Visitation Recommendations (No. 238891). https://www.ojp.gov/pdffiles1/nij/grants/238891.pdf