Colorado Democrat Governor Jared Polis recently signed into law a bill which will transform child custody in that state.
HB 26-1309 emphasizes combatting domestic violence in child custody.
HB26-1309 states in part, “If a court determines by a preponderance of the evidence that a party has committed domestic violence, child abuse or neglect or sexual assault that resulted in the conception of a child, the court shall consider as the primary concern the safety and well-being of the child and the abused party.”
That sounds so obvious that a law need not state it, but far too often domestic violence is downplayed in court decisions.
Narkis Golan went to the US Supreme Court to overrule an order by Judge Ann Donnelly, an Obama appointee.
Judge Donnelly ruled that even though her ex-husband had physically and sexually abused her this did not mean he’d abuse their son.
Judge Donnelly ordered Narkis back to Italy under the Hague Convention before the US Supreme Court overturned that decision. Narkis tragically died still fighting to keep her son in the US.
In Idaho, state law requires at least two documented incidents of domestic violence before a party is found to have a pattern of domestic violence to consider for custody matters.
In Minnesota, multiple judges ignored overwhelming evidence that David Rucki abused his family and anyone who got close to him and awarded him sole custody.
It’s necessary to emphasize domestic violence in child custody in law, however, this law’s definition of domestic violence is so broad I believe that it will increase allegations of domestic violence in Colorado exponentially.
This law includes coercive control into its definition of domestic violence. Coercive control is akin to parental alienation, a broad term with no good definition. As such, it means whatever each person wants it to mean.
In Colorado, it has defined characteristics of coercive control in the law.
Isolation is a key trait in abuse, however, proving it in court is a fool’s errand, in my opinion.
If one person moves out of state to live with another person, they are naturally isolated. Does that mean the other person is exerting coercive control?
Yelling and screaming happen in most relationships, unfortunately. When does name calling rise to coercive control? I explained further in the broadcast.
Given the emphasis on domestic violence along with its broad definition in Colorado, I predict that allegations of domestic violence in child custody will dwarf those in other states.
Richard noted that the big winners will be the divorce lawyers.
An email to State Representative Froelich asking for an interview was left unreturned.
