Connecticut House Bill HB05905

Connecticut 2011 Regular Session

• Introduced: 1/24/11
• Refer: 1/24/11

Caption

An Act Concerning Evidence Of Domestic Violence In Child Custody Cases.

Impact

If enacted, the bill will significantly influence family law practices in child custody cases across the state. Courts will be required to incorporate evidence of domestic violence when making or changing custody orders, which may lead to an increase in protective measures for children who might otherwise be placed in unsafe environments. As a result, the legislation emphasizes the importance of considering all aspects of a child's safety, potentially leading to a shift in how custody determinations are approached in the judicial system.

Summary

House Bill 05905 proposes amendments to section 46b-56 of the general statutes, requiring courts to consider evidence of domestic violence during the proceedings of making or modifying child custody orders. The primary aim of this legislation is to enhance the protection of children from potential harm caused by domestic violence within familial settings. By mandating courts to take such evidence into account, the bill seeks to ensure that child custody decisions are made with the safety and well-being of the children as a priority.

Contention

While the primary objective of HB 05905 is to protect children, discussions around the bill may highlight concerns regarding the possible implications for parental rights. Those advocating for the bill assert that it is crucial to prioritize children’s safety, whereas critics may worry about the fairness and accuracy of evidence presented in domestic violence cases. The challenge will lie in ensuring that courts can effectively assess claims of domestic violence without compromising the rights of parents to fair hearings in custody matters.