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2023 Connecticut Protective Moms Legislative Update: CT Domestic Abuse & Family Court Reform Bills

Updated: Mar 17, 2023

Attached please find a 2023 update on new bills being introduced in Connecticut Legislature this session dealing with improving circumstances for Domestic Abuse victims as well as Family Court Reform.


We hope you will reach out to members of the Judiciary Committee as well as your district legislators to share your support or opposition to the following 2023 bills. Here is a link from CT Gov explaining how a bill becomes a law in Connecticut.


WHAT TO EXPECT

The following bills have been referred to the Judiciary Committee and will be voted on to determine if they will:

1. Have the bill drafted in legal language;

2. Combine it with other bills and have it drafted as a committee bill;

3. Refer the bill to another committee; or

4. Take no action, so the bill fails.

The committee may also write a new "raised" committee bill.

5. The committee may then report the bill favorably, defeat the bill or

issue no report.


A PUBLIC HEARING

If the bill is found favorable, there will be a public hearing announced in which you can submit written testimony and attend and speak for 3 minutes in person. Instructions on when they announce the dates and how to testify soon to follow. The committee may then report the bill favorably, defeat the bill or issue no report.


PLEASE DO THIS NOW

Please contact Judiciary Committee members below (under each proposed bill) by email and phone to let them know if you favor or oppose any of the following bills. If you are in favor, please thank them and give then a very brief explanation for your decision and a few notes about your personal experience.


Here is the list of the members of the Judiciary Committee so you can begin reaching out by email and phone to share your approval or opposition for each bill. Also please copy your legislators from your own district to the email.



 


2023 Legislative Session Bills:

Domestic Abuse and Family Court Reform


Good Bills: Proposed Senate Bills (PSB)

PSB 5

PSB 38

PSB 46

PSB 475

PSB 781

PSB 879

PSB 864

PSB 881


Good Bills: Proposed House Bills (PHB)

PHB 5330

PHB 5331

PHB 5335

PHB 5461

PHB 5513

PHB 5825

PBH 5841

PHB 5844

PBH 6124

PHB 6430

PBH 6439

PBH 6453

PBh 6639


Complicated Bills

PSB 474

PHB 6126


No to Bills

PHB 5094

PHB 5177

PHB 5342


 

Good Senate Bills:

May Protect Moms and Children


PSB 5 - Being Drafted

AN ACT STRENGTHENING THE PROTECTIONS AGAINST AND RESPONSE TO DOMESTIC VIOLENCE.

This bill is in the works and being drafted now. CCADV, the Lt. Gov. Office and the Judiciary Committee, Law Enforcement, domestic abuse victims and family court stakeholders are involved in drafting.


Statement of Purpose:

To provide greater protections for and enhanced responses to individuals involved in domestic and intimate partner violence. That the general statutes be amended to provide greater protections for victims of domestic violence and enhanced responses to incidents of domestic violence


CPM Notes:




PSB 38 - Referred to Committee

AN ACT CONCERNING RISK PROTECTION ORDERS AND WARRANTS


Statement of Purpose:

To update the administration of the risk protection orders to improve efficiency, promote utilization by police departments and to increase public safety.

Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That section 29-38c of the general statutes be amended to permit (1) 2 one police officer to apply for a risk protection order and warrant, (2) an 3 application for a risk protection order to be filed electronically, provided 4 the Judicial Department determines if an officer needs to appear in 5 person if seeking a warrant because the respondent possesses firearms, 6 and (3) a risk protection order to be filed electronically after being 7 served on the respondent.



PSB 46 - Referred to Committee

AN ACT CONCERNING CONSISTENT APPLICATION OF THE BEST INTEREST OF THE CHILD STANDARD IN CHILD CUSTODY DETERMINATIONS.

Statement of Purpose:

To ensure that a relevant and consistent best interest of the child standard is being applied by judges and guardians ad litem in child custody determinations.


Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That chapter 815 of the general statutes be amended to: (1) Require 2 any judge sitting in family court and any guardian ad litem serving in 3 family court to receive relevant annual training on how to apply the best 4 interest of the child standard when making a child custody 5 determination; and (2) create a task force that shall examine the 6 statutory best interest of the child factors and outcomes when applying 7 the best interest of the child standard.


CPM Notes:

  • In Jennifers’ Law, child custody statute Sec. 46b-56 was revised to elevate Domestic Abuse (formerly factor #14) to become the primary factor, to be examined and adjudicated first. By first determining whether there is abuse in the family, a judge is better equipped to understand the family dynamic, prioritize the child’s safety and weigh the fifteen other custody factors with clarity. The judges are not using Jennifers’ Law in their assessment of family conflict. It is being ignored.


PSB - 475 - Referred to Committee

AN ACT PROHIBITING PERSONS WHO ARE CONVICTED OF A DOMESTIC VIOLENCE CRIME OR A FAMILY VIOLENCE CRIME FROM RECEIVING ALIMONY, PENSION PROCEEDS OR OTHER FINANCIAL SUPPORT FROM THE SPOUSE WHO WAS A VICTIM OF SUCH CRIME.

Statement of Purpose:

To protect victims of domestic and family violence.


Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That the general statutes be amended to provide that individuals 2 convicted of a domestic violence crime or a family violence crime 3 against their spouse be prohibited from receiving alimony, pension 4 proceeds or other financial support from the spouse who was a victim 5 of such crime.



PSB 781 - Referred to Committee

AN ACT RESTRICTING EARLY RELEASE FOR PERSONS CONVICTED OF CRIMES INVOLVING SEXUAL ASSAULT OR FIREARMS.

Statement of Purpose:

To protect the citizens of Connecticut from early release of convicted violent felons.


That section 18-98e of the general statutes be amended to prohibit the award of earned risk reduction credits to any inmate convicted of a crime involving sexual assault or a firearm.



PSB 864 - Referred to Committee

AN ACT CONCERNING DOMESTIC AND INTIMATE PARTNER VIOLENCE MURDER.

Statement of Purpose:

To ensure domestic violence deaths are charged as murder instead of manslaughter.

That title 53a of the general statutes be amended to establish the crime of domestic and intimate partner violence murder as a class A felony.



PSB 866- Referred to Committee

AN ACT CONCERNING THE PUNISHMENT FOR MURDER RESULTING FROM AN ACT OF DOMESTIC VIOLENCE.

Statement of Purpose:

To cause a person who commits murder resulting from an act of domestic violence to serve a life sentence without the opportunity for parole.


That section 53a-54b of the general statutes be amended to include as murder with special circumstances the crime of murder resulting from an act of domestic violence.



PSB 879 - Referred to Committee

AN ACT CONCERNING THE PENALTY FOR RISK OF INJURY TO A CHILD.

Statement of Purpose:

To protect children by increasing the penalty for risk of injury to a child.


Be it enacted by the Senate and House of Representatives in General Assembly convened: That section 53-21 of the general statutes be amended to require that 2 a person convicted of risk of injury to a child must serve thirty 3 consecutive days of imprisonment, which term may not be suspended 4 or reduced in any manner.



PSB 881 - Referred to Committee

AN ACT CONCERNING A CONTINUOUS COURSE OF CONDUCT OF SEXUAL INTERCOURSE AS RELATED TO THE CRIME OF SEXUAL ASSAULT.

Statement of Purpose:

To ensure that a continuous course of conduct of sexual intercourse is punishable under the penal code of the state.

Be it enacted by the Senate and House of Representatives in General Assembly convened: That title 53a of the general statutes be amended to clarify that sexual 2 intercourse and sexual conduct, as related to the crime of sexual assault 3 or rape, mean either a single act or multiple acts that occur over a period 4 of time as a continuous course of conduct.



 

Good House Bills:

May Protect Moms and Children


PHB 1086 - Public Hearing Was March 2

AN ACT CONCERNING COERCED DEBT

Statement of Purpose:

To require: (1) Consumer collection agencies to cease collecting coerced debts from certain individuals; and (2) credit rating agencies to (A) reinvestigate debt identified as coerced debt, and (B) remove references to coerced debt from certain credit reports.


"Coerced debt" means a personal, family or household debt, or a portion of such debt, in the name of an individual who is a victim of domestic violence, as defined in section 46b-1, that was incurred as a result of duress, intimidation, threat of force, force, fraud or undue influence;


CPM Notes:

  • Link Here: 4 Warning Signs of Financial Abuse

  • Financial abuse involves an abuser either stealing money from someone, denying money from someone or using money to exert control and power over them. According to the Pennsylvania Coalition Against Domestic Violence, financial abuse occurs in 98% of abusive relationships and plays a primary role in preventing victims from leaving an abuser.

  • Financial abuse = Domestic Violence = coercive control as defined under PA 21-78 Jennifers' Law.


PHB 5513 - Referred to Committee

AN ACT STRENGTHENING SUPPORT FOR GRANDPARENTS RAISING CHILDREN.

Statement of Purpose:

To enhance the quality of life and reduce the effects of trauma on children by supporting grandparents who are raising them.


Be it enacted by the Senate and House of Representatives in General Assembly convened: That titles 10, 17a and 17b of the general statutes be amended to build 2 equitable systems of support for grandparents raising grandchildren or 3 other kin that include, but are not limited to: (1) Financial support4 commensurate with support provided to foster parents; and (2)5 parenting support through (A) family resource centers administered by 6 the Departments of Education and Social Services, (B) parenting support 7 services provided by the Department of Children and Families, and (C) 8 referrals to community programs such as the Parents as Teachers



PHB 5330 - Referred to Committee

Statement of Purpose:

To expand the recognition of coercive control for improved safety within families.


Be it enacted by the Senate and House of Representatives in General Assembly convened: That the general statutes be amended to require training for judges 2 and prosecutors, instructing them on how to recognize and respond to incidents of coercive control in cases involving domestic violence and 4 family violence.


  • Link Here: for the NCJFCJ Revised Chapter Four: Families and Children Model Code on Domestic and Family Violence.

  • In Jennifers’ Law, child custody statute Sec. 46b-56 was revised to elevate Domestic Abuse (formerly factor #14) to become the primary factor, to be examined and adjudicated first. By first determining whether there is abuse in the family, a judge is better equipped to understand the family dynamic, prioritize the child’s safety and weigh the fifteen other custody factors with clarity. The judges are not using Jennifers’ Law in their assessment of family conflict. It is being ignored.

  • COLORADO JULIE’S LAW HB 21-1228 Domestic Violence Training Court Personnel Concerning oversight of court personnel who are regularly involved in cases related to domestic matters, and, in connection therewith, making an appropriation. The bill increases and clarifies domestic violence training requirements (training) for court personnel (personnel) who are regularly involved in cases related to domestic matters, including child and family investigators, parenting responsibility evaluators, and legal representatives of children.

  • Child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of domestic violence, child abuse, and child sexual abuse first as a fundamental consideration in determining the best interests of the child before assessing other best interest factors.

  • Custody litigation involving domestic violence, child abuse, and child sexual abuse shall be admitted only when the professional has undergone proper and regular training, including the effects of domestic abuse, child abuse, and child sexual abuse, and the professional possesses documented expertise and experience in the relevant types of abuse, trauma, and behaviors of victims and perpetrators.

  • All professionalsgroups involved in parenting coordinators, parent responsibility evaluators, decision makers, family court facilitators, and judges and magistrates, need to have appropriate and ongoing training in domestic violence, coercive control, and related issues.

  • All evidence admitted in custody and parenting adjudications should be subject to evidentiary admissibility standards.



PHB 5331 - Referred to committee

AN ACT CONCERNING STRANGULATION WHEN COMMITTED IN FURTHERANCE OF AN ACT OF DOMESTIC VIOLENCE.


Statement of Purpose:

To increase the criminal penalty for strangulation when committed in furtherance of an act of domestic violence.


CPM Notes:

  • “Recently, there was a large case study on domestic violence-related strangulation. Ultimately, the study found that domestic violence strangulation is a significant predictor of attempted and completed murder. If you want to look at the numbers, it statistically increases the odds by seven. Non-deadly strangulation is, without a doubt, an indication that the person isn’t against the idea of killing their partner.”

AN ACT EXPANDING MURDER WITH SPECIAL CIRCUMSTANCES TO INCLUDE MURDER COMMITTED DURING AN INCIDENCE OF DOMESTIC VIOLENCE.

Statement of Purpose To increase the sentence imposed on those who commit murder during an incidence of domestic violence.

REP. PERILLO J., 113th Dist. REP. ZUPKUS, 89th Dist. REP. ZAWISTOWSKI, 61st Dist. REP. CARNEY, 23rd Dist.

REP. CANDELORA V., 86th Dist. REP. O'DEA, 125th Dist. REP. RUTIGLIANO, 123rd Dist. REP. ACKERT, 8th Dist.

Be it enacted by the Senate and House of Representatives in General Assembly convened:That section 53a-54b of the general statutes be amended to include murder committed in the course of the commission of a crime of domestic violence as murder with special circumstances.


AN ACT CONCERNING PROFESSIONAL MALPRACTICE COMMITTED BY A GUARDIAN AD LITEM IN A FAMILY RELATIONS PROCEEDING.


Statement of Purpose: To: (1) Ensure that parents, guardians and others aggrieved by the professional malpractice of a guardian ad litem appointed in a family relations matter have the ability to bring a civil malpractice action against such guardian ad litem, and (2) abolish qualified or absolute immunity as a defense that may be raised by a guardian ad litem in a professional malpractice action.

To: (1) Ensure that parents, guardians and others aggrieved by the professional malpractice of a guardian ad litem appointed in a family relations matter have the ability to bring a civil malpractice action against such guardian ad litem, and (2) abolish qualified or absolute immunity as a defense that may be raised by a guardian ad litem in a professional malpractice action.


AN ACT CONCERNING THE GPS MONITORING PROGRAM FOR HIGH-RISK DOMESTIC VIOLENCE OFFENDERS.

To protect the most vulnerable victims of domestic violence from their prior offenders by expanding the successful alert notification monitoring pilot program. Rep. Vincent J. Candelora, 86th Dist. Rep. Tom O'Dea, 125th Dist. Rep. David Rutigliano, 123rd Dist. Rep. Tim Ackert, 8th Dist. Rep. Jason Perillo, 113th Dist. Rep. Lezlye Zupkus, 89th Dist. Rep. Tami Zawistowski, 61st Dist. Rep. Devin R. Carney, 23rd Dist.


AN ACT PRECLUDING A PERSON CONVICTED OF A CRIME INVOLVING DOMESTIC VIOLENCE FROM SEEKING ALIMONY FROM A SPOUSE WHO WAS THE VICTIM OF SUCH VIOLENCE.


PHB 5844 - Referred to Committee

AN ACT CONCERNING THE EXPEDITIOUS SCHEDULING OF HEARINGS INVOLVING PENDENTE LITE ALIMONY AND SUPPORT.


Statement of Purpose:

To ensure timely receipt of temporary financial support during dissolution and custody proceedings.


Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 That chapter 815j of the general statutes be amended to require that 2 upon the filing of a motion requesting alimony or support pendente lite 3 that is accompanied, or later supplemented, by an affidavit by the 4 moving party attesting that (1) the moving party has insufficient funds5 to meet the reasonable needs of the moving party and the minor6 children, if any, of the moving party, (2) the other party is not 7 voluntarily providing sufficient funds to meet such reasonable needs, 8 and (3) the moving party reasonably believes that the other party has 9 sufficient means or earning capacity to meet such reasonable needs, then 10 a hearing shall be held by the court not later than sixty days after the 11 date of the filing of such motion requesting alimony or support 12 pendente lite and an accompanying affidavit.


CPM Notes:

AN ACT CONCERNING CRIMINAL PENALTIES FOR CRIMES INVOLVING DOMESTIC VIOLENCE AND ABUSE.

Statement of Purpose: To create harsher penalties for domestic violence or abuse occurring in the presence of minors.


Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 That titles 53 and 53a of the general statutes be amended to provide

2 that if a person commits a crime involving an act of domestic violence

3 or abuse and such act is committed in the presence of a minor child, the

4 person committing such act shall be charged with the most serious level

5 of the criminal offense and subject to the most serious penalties



PBH 6430 AN ACT CONCERNING THE PROTECTION OF VICTIMS OF DOMESTIC VIOLENCE.


Statement of Purpose: To ensure that those who carry out acts of domestic violence or abuse are held responsible in a consistent manner, while also protecting the victims by removing the responsibility of pressing charges from them.


REP. WELANDER, 114th Dist. REP. BERGER-GIRVALO, 111th Dist.

REP. KAVROS DEGRAW, 17th Dist.


Be it enacted by the Senate and House of Representatives in General Assembly convened:

  1. 1 That the general statutes be amended to require state attorneys to

  2. 2 automatically file charges against perpetrators of domestic violence or

  3. 3 domestic abuse if such acts are digitally or electronically photographed

  4. 4 or recorded, or if the act is publicly witnessed.

AN ACT CONCERNING MONITORING OF REPEAT VIOLATORS OF PROTECTIVE ORDERS.

Statement of Purpose: To require monitoring bracelets for repeat violators of protective orders in domestic violence cases.

That the general statutes be amended to require monitoring bracelets for repeat violators of protective orders in domestic violence cases.


PBH 6453 AN ACT REQUIRING A SAFETY PLAN FOR VICTIMS OF DOMESTIC VIOLENCE.

Statement of Purpose: To ensure there is a safety plan in place to protect victims of domestic violence before the perpetrators of such violence are released.

REP. CANDELORA V., 86th Dist. That the general statutes be amended to require the court to ensure that a safety plan is in place for the victim before releasing a person convicted of a crime of domestic violence.

AN ACT ENSURING TIMELY SCHEDULING OF 02-27 HB-6639 TEMPORARY FINANCIAL SUPPORT HEARINGS IN DIVORCE AND CUSTODY PROCEEDINGS.


Statement of Purpose: To ensure timely scheduling of temporary financial support hearings in divorce and custody proceedings.


Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 Section 1. Section 46b-83 of the general statutes is repealed and the

2 following is substituted in lieu thereof (Effective October 1, 2023):

3 (a) At any time after the return day of a complaint under section 46b-

4 45 or 46b-56 or after filing an application under section 46b-61, and after

5 hearing, alimony and support pendente lite may be awarded to either

6 of the parties from the date of the filing of an application therefor with

7 the Superior Court. Upon the filing of a motion requesting alimony or

8 support pendente lite that is accompanied, or later supplemented, by an

9 affidavit by the moving party attesting that (1) the moving party has

10 insufficient funds to meet his or her reasonable needs or the reasonable

11 needs of the minor children of the parties, (2) the other party is not

12 providing sufficient funds to the moving party to meet such reasonable

13 needs, and (3) the moving party reasonably believes that the other party

14 has sufficient means or earning capacity to so provide, then such

15 hearing shall be held by the court not later than sixty days after the date

16 on which such motion requesting alimony or support pendente lite and

17 accompanying affidavit was filed. No such hearing date shall be

18 extended, whether by agreement of the parties or by the court, more

19 than ninety days after the date of filing of such motion and affidavit

20 absent a written agreement that provides for such alimony or support

21 pendente lite. In the event of a delay necessitated by a court closure or

22 emergency experienced by a party, such hearing shall be rescheduled to

23 a date that is not later than fourteen days after the date of the originally

24 scheduled hearing date. Full credit shall be given for all sums paid to

25 one party by the other from the date of the filing of such a motion to the

26 date of rendition of such order. In making an order for alimony

27 pendente lite, the court shall consider all factors enumerated in section

28 46b-82, except the grounds for the complaint or cross complaint, to be

29 considered with respect to a permanent award of alimony. In making

30 an order for support pendente lite, the court shall consider all factors

31 enumerated in section 46b-84. The court may also award exclusive use

32 of the family home or any other dwelling unit which is available for use

33 as a residence pendente lite to either of the parties as is just and equitable

34 without regard to the respective interests of the parties in the property.

35 (b) In any proceeding brought under section 46b-45, 46b-56 or 46b-61

36 involving a minor child, if one of the parents residing in the family home

37 leaves such home voluntarily and not subject to court order, and if the

38 court finds that the voluntary leaving of the family home by such parent

39 served the best interests of the child, the court may consider such

40 voluntary leaving as a factor when making or modifying any order

41 pursuant to section 46b-56.

 

COMPLICATED:

Bills May Harm Protective Moms


PSB Bill 474 - Referred to Committee

AN ACT CONCERNING THE INVOLVEMENT OF CHILD PSYCHOLOGISTS IN FAMILY RELATIONS MATTERS.

Statement of Purpose:

To mandate that a child psychologist be appointed in every family relations matter involving children in order to better meet the ongoing needs of the children during the duration of the family relations matter.


Be it enacted by the Senate and House of Representatives in General Assembly convened: That chapter 815j of the general statutes be amended to mandate that 2 there is a child psychologist that works specifically with the children in 3 every family relations matter to find out what the children's needs are 4 and make ongoing recommendations to the court on matters such as the 5 visitation schedule.


CPM Notes:

"The concept of a diagnosable “Parental Alienation (PA) developed as an attempt to explain this phenomenon [of children rejecting an abusive parent during a contested custody case], but it has been widely discredited by mental health professionals [not included in the DSM V] and thus fails the standard for evidentiary admissibility. Nevertheless, PAS and related theories continue to influence the decisions of family courts, and even in jurisdictions that explicitly reject such theories, judges still face the daunting task of resolving these volatile cases. " Allison Nichols, University of Michigan Law SchoolThey are particularly concerned about unregulated experts who specialize in PA and are being appointed by the courts in what are often acrimonious and costly private family proceedings about child contact arrangements. These cases are extremely complex and what is going on is one of the most scandalous things I’ve ever come across.”


PHB 6126 - Referred to Committee

AN ACT CONCERNING THE PAYMENT OF CHILD SUPPORT BY A PARENT WHO IS AWARDED SOLE CUSTODY OF A MINOR CHILD.

Statement of Purpose:

To prohibit a court from ordering a parent who is awarded sole legal custody of a minor child to pay child support for such child to the noncustodial parent.

Doug Dubitsky


Be it enacted by the Senate and House of Representatives in General Assembly convened:

1 That section 46b-84 of the general statutes be amended to prohibit a 2 court from ordering that a parent who is awarded sole legal custody of3 a minor child pay child support for such child to the noncustodial 4 parent.


CPM Notes:




 

VOTE NO:

These House Bills May be Harmful

to Protective Moms and their Children


PHB 5094- Referred to Committee

AN ACT CONCERNING CUSTODIAL INTERFERENCE IN THE FIRST DEGREE.

Statement of Purpose:

To amend section 53a-97 of the general statutes to align the statute with Connecticut common law with respect to the crime of custodial interference.

Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That section 53a-97 of the general statutes be amended to provide that 2 a person is guilty of custodial interference in the first degree when such 3 person is a parent, or a person acting pursuant to directions of a parent, 4 which parent after being served with process in an action affecting the 5 family, but prior to the issuance of a temporary or final order 6 determining custody of a minor child, takes or entices a child away from 7 the family unit with the intent of depriving the other parent of physical 8 custody of the child for a period of time in excess of fifteen days.


CPM Notes:

Please link here to educate yourself with these resources on custodial interference in the context of domestic abuse allegations in family court. When a protective mother tries to keep her children safe from abuse or the children refuse to go to an abuser for parenting time, this can be used against a protective parent as a ploy to keep the children away from the other parent. When in reality the children do not want to go and protective parents are forced to give the children to be alone with an abuser.



PHB 5177 - Referred to Committee

AN ACT CONCERNING EQUAL PARENTING TIME.

Statement of Purpose:

To ensure that the parents of a minor child have equal parenting time when the court enters an order of joint custody of the minor child.


Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That section 46b-56a of the general statutes be amended to require 2 that when a court orders joint custody of a minor child, the court shall 3 also order that the parents of the minor child have equal parenting time 4 with the child, unless there is evidence before the court that shared 5 parenting time is not in the best interests of the child.


CPM Notes:

Please link here and here to educate yourself with these resources on presumed shared parenting in the context of domestic abuse allegations in family court.

Please link here for more information on presumption of shared parenting.

In “normal “ divorces” this bill appears on the surface to be a sensible solution, but in the 5% of contested custody cases, domestic abuse is often a factor in the “high conflict” case. The research shows that an abuser will claim a mother is using "Parental Alienation,” an unscientific theory, and making false claims when there is real abuse. The abuser will flip the narrative and claim a protective mother is “getting a leg up” in the custody case by alienating the children against him. The cases that are before a judge for custody should never be a presumed 50-50 equal parenting time, even if ordered joint custody, before assessing family for abuse.



PHB 5342 - Referred to Committee

AN ACT CONCERNING THE PRESUMPTION OF JOINT CUSTODY IN MATTERS INVOLVING THE CARE AND CUSTODY OF A MINOR CHILD.

Statement of Purpose:

To create a rebuttable presumption of joint custody and shared parenting time in matters involving the care and custody of a minor child.

Be it enacted by the Senate and House of Representatives in General Assembly convened: 1 That subsection (b) of section 46b-56 of the general statutes be 2 amended to provide that: (1) There shall be a rebuttal presumption that 3 joint custody and equal shared parenting time is in the best interest of 4 the child, (2) such presumption may be rebutted by clear and convincing 5 evidence, and (3) if a deviation from equal parenting time is warranted, 6 the court shall order a parenting time schedule that maximizes the time 7 each parent or de facto custodian has with the child and that is 8 consistent with ensuring the child's welfare.


CPM Notes:

Please link here to educate yourself with these resources on presumed shared parenting in the context of domestic abuse allegations in family court.

Please link here for more information on presumption of shared parenting.

In “normal “ divorces” this bill appears on the surface to be a sensible solution, but in the 5% of contested custody cases, domestic abuse is often a factor in the “high conflict” case. The research shows that an abuser will claim a mother is using "Parental Alienation,” an unscientific theory, and making false claims when there is real abuse. The abuser will flip the narrative and claim a protective mother is “getting a leg up” in the custody case by alienating the children against him. The cases that are before a judge for custody should never be a presumed 50-50 equal parenting time, even if ordered joint custody, before assessing family for abuse.





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