No child should ever be court-ordered to be left alone with a dangerous abuser, period.
The Keeping Children Safe from Family Violence Act (a.k.a. Kayden’s Law) which is now in the reauthorized Violence Against Women Act, makes children’s safety a priority in custody disputes between parents. It incentivizes states to implement the law by increasing grants for programs to keep children safe including the allocation of federal funding for training for judges and other court personnel on family violence subject matter. States passing bills compliant with Kayden’s Law requirements are eligible for a minimum of $25 million in federal funds, starting in FY 23.
One might think an abuser being awarded custody is an exception in family court; however, it is not. A presumption that shared parenting is in the best interest of the child is pervasive. Parental rights seem to trump what is in the best interest of the child and are evident in many cases where parents raise allegations of abuse. Court professionals have a misconception that shared parenting will provide an incentive for cooperation and negotiation, but an abusive co-parent leads to children being exposed to conflict.
In a nutshell, Kayden’s Law protects at-risk children through four measures:
- Restricting expert testimony to only those who are appropriately qualified to provide it. Evidence from court-appointed or outside professionals may be admitted only when the professional possesses demonstrated expertise and experience in working with victims of domestic violence or child abuse, including child sexual abuse.
- Limiting the use of reunification camps and therapies that cannot be proven to be safe and effective. No “reunification treatment” may be ordered by the court without scientifically valid and generally accepted proof of the safety, effectiveness, and therapeutic value of the treatment. (Reunification “camps” are generally unregulated, have black scientific support for effectiveness, and lack a standard of care.
- Providing evidence-based ongoing training to judges and court personnel on family violence subject matter
- Considering relevant abuse evidence including but not limited to arrests, convictions, and permanent protection orders for family violence perpetration.
A Coloradan woman whose hearing was in district one stated, “I recall in our child custody case the first thing ‘the judge’ said was that he had read the file and the child abuse perpetrated against my son by my ex-husband would not be discussed. He seemed to not believe my claims that my ex was abusive to my children. Despite the Department of Human Service’s report finding that my ex-husband had been physically abusive to our son and emotionally abusive to all the children, the judge wrote in his decision that my ex-husband’s actions “did not rise to the level of child abuse.” She agreed to a 50/50 schedule with her ex-husband so as not to lose custody altogether.
Colorado’s bill, The Keeping Children Safe from Family Violence Act, sponsored by Rep. Meg Froelich, includes Kayden’s Law language and passed the state legislature recently. It is on the way to the Governor’s desk. The judicial training piece is under consideration currently. More states are following suit. Legislators should make a commitment to ensure our children are safe.
About Kayden’s Law
“Kayden’s Law” is named after Kayden Mancuso, a 7-year-old girl from Bucks County, Pennsylvania who was murdered by her father during court-ordered unsupervised custody time, which was granted despite the mother raising safety concerns during custody litigation. Kayden’s mother, Kathy Sherlock, submitted evidence to the court of the father’s abusive, violent history – including criminal records [and protection from abuse order against him] – but he was nevertheless granted unsupervised contact with Kayden. The father then beat Kayden to death and tied a bag over her head, leaving a note of retribution on her body. Unfortunately, Kayden’s story is not unique and many children have been preventably killed like this by a dangerous parent who was awarded custody.
For more information on Kayden’s Law, please see https://www.nationalsafeparents.org/kaydens-law.html
Thanks to Rep. Froelich, Colorado kids will have more protection from their abusers in family court.
Author: Mile High Mamas
