TODAYEMAIL AND CALL THE CONNECTICUT JUDICIARY COMMITTEE MEMBERSTO SUPPORTTHE CHILD SAFETY FIRST BILL58,000 Children a Year are Awarded Into Custody with An Abusive ParentAre you a mom or know a mom with children in the middle of a divorce or separation in family court who is fighting for custody of their children to keep them safe and protect them from abuse?Let our Connecticut Judiciary Committee members know (EMAILS AND PHONE NUMBERS below) you want them to support the introduction of Senator Alex Bergstein’s (Greenwich, Stamford, New Canaan) Child Safety First bill this legislative session. Please use "Support the Child Safety First Bill" in your Subject Line.Dear Representative …………….,Why Do We Need the Child Safety First Bill in Connecticut?DV and abuse exists across our state; DV and abuse pose an unacceptable and disproportionate threat to the health, safety and wellbeing of women and children; DV and abuse has been under-reported and under-recognized in our family court system; “high conflict” divorce cases often involve DV or abuse; the State of Connecticut has a duty to ensure the safety of all its citizens, especially children; House Congressional Resolution 72 encourages states to prioritize DV and abuse as the first factor considered in determining the “best interests of the child” in custody cases.
- It is often legitimate for the partner of an abusive parent to try to protect the children from exposure to abuse, or to try to secure his or her own safety from the abusive partner by limiting that partner's contact with the children. Court appointed lawyers and psychologists do not have adequate DV training and are not able to distinguish appropriately protective behavior.
- The abuser blames the victim and claims parental alienation, that she was turning the children against him by alienating the children with false claims he was abusing them. The court does not understand and/or acknowledge that the children are resisting being with their emotionally abusive parent who scares them.
- According to the American Psychological Association, abusive fathers file for sole custody more often than fathers who have no history of DV. Since 99 percent of DV victims also face some form of financial abuse, abusers tend to have more money and thus more access to legal resources than the women fleeing their abuse. That gives them an advantage in the courts that makes them just as likely, or even more likely, to gain custody.
Call Senate Dems: (860) 240-8600, Senate Republicans (860) 240-8800, House Democrats (860) 240-8500, and House Republicans (860) 240-8700. OR EMAIL:Please use "Support the Child Safety First Bill" in your Subject Line.Here are the addresses to cut and paste:gary.winfield@cga.ct.gov, alexbergstein@gmail.com, Steven.Stafstrom@cga.ct.gov, John.A.Kissel@cga.ct.gov, Rosa.Rebimbas@housegop.ct.gov, Matt.Blumenthal@cga.ct.gov, Gennaro.Bizzarro@cga.ct.gov, dennis.bradley@cga.ct.gov, christie.carpino@housegop.ct.gov, senator@blumenthal.senate.gov, Dan.Champagne@cga.ct.gov, julio.concepcion@cga.ct.gov, Christine.Conley@cga.ct.gov, Stephanie.Cummings@housegop.ct.gov, Jeff.Currey@cga.ct.gov, Patricia.Dillon@cga.ct.gov, Michael.DiMassa@cga.ct.gov, Doug.Dubitsky@housegop.ct.gov, Craig.Fishbein@housegop.ct.gov, mae.flexer@cga.ct.gov, Dan.Fox@cga.ct.gov, Bob.Godfrey@cga.ct.gov, Stephen.Harding@housegop.ct.gov, senator_@murphy.senate.gov, will.haskell@cga.ct.gov, Leslee.Hill@housegop.ct.gov, Maria.Horn@cga.ct.gov, David.Labriola@housegop.ct.gov, Matthew.Lesser@cga.ct.gov, Geoff.Luxenberg@cga.ct.gov, douglas.mccrory@cga.ct.gov, Ben.McGorty@housegop.ct.gov, Patricia.Miller@cga.ct.gov, Tom.ODea@housegop.ct.gov, Arthur.ONeill@housegop.ct.gov, Christine.Palm@cga.ct.gov, robyn.porter@cga.ct.gov, Emmett.Riley@cga.ct.gov, rob.sampson@cga.ct.gov, richard.smith@housegop.ct.gov, Toni.Walker@cga.ct.gov, phil.young@cga.ct.govTHE CHILD SAFETY FIRST BILLAUTHORED BY SENATOR ALEX BERGSTEIN
- The statutory definition of “domestic violence and abuse” is revised to include a history or pattern of coercive, controlling behavior including, but not limited to, physical violence, sexual assault, financial abuse, litigation abuse and psychological abuse including, but not limited to, isolation, stalking, harassment, intimidation and threats regarding the safety of a person or the safety of or access to that person’s
children. “Domestic violence and abuse” does not include the justified use of force or flight to protect oneself or others in response to abuse or violence.- In legal proceedings regarding child custody, domestic violence and abuse will be the first factor assessed by the court, before all other factors, in determining the “best interests of the child.”
- In hearings regarding domestic violence or abuse, a court may only consider valid scientific evidence or testimony from qualified professionals with experience working with victims of domestic violence and abuse that meet admissibility standards.
- A presumption against custody will be made for any parent with a history or demonstrated pattern of domestic violence or abuse or any parent who has sexually abused a child.
- If a parent is found to have committed domestic violence or child abuse, that parent shall pay the attorney’s fees and all other court-related expenses of the other parent.
- The legal standard for protective orders shall recognize forms of domestic violence and abuse that endanger the safety or restrict the agency of a person or children. (Refer to the new statutory definition in #1.)
- The State shall provide legal assistance for all victims of domestic violence and abuse to help them complete protective order affidavits and other legal forms. (Legal assistance increased the likelihood of obtaining a protective order by more than 50%.)
- Courts shall restrict frivolous or excessive motions in family court. When divorce cases approach 100 motions, additional motions shall be subject to review and approval before submission. “High conflict” cases should be diverted to a specialized court that recognizes litigation abuse and obstruction and holds parties in contempt for not disclosing financial or other critical information or following court orders. (A small number of “high conflict” cases consume a disproportionate amount of judicial resources. This specialized court would prevent litigation abuse and resolve cases faster.)
- Reopen the Office of Victim Advocate and fund it adequately to support all victims across the state through the legal process.
- Review and approve all judicial education programs to ensure that abuse is recognized and not rewarded. Allow only experts with a demonstrated history of working with Domestic violence and abuse victims to be the educators on this subject.