The bill seeks to create more clarity in the enforcement of child custody decisions by explicitly stating that absent a court order, restricting a child's time with either parent during ongoing custody disputes can lead to charges of custodial interference. This change aims to protect the rights of the non-custodial parent and to facilitate children’s relationships with both parents, thereby supporting their emotional and developmental needs.
Summary
House Bill 5354, titled 'An Act Concerning Custodial Interference', aims to amend section 46b-56 of the general statutes. The primary objective of this bill is to ensure that the filing and pendency of a child custody action do not grant one party the authority to withhold custody or visitation rights from the other party involved in the legal proceedings. This legislative measure is proposed to close a loophole that currently exists in custodial interference statutes, which may prevent children from having access to both parents during a custody case.
Contention
One prominent point of contention surrounding HB 5354 is the balancing act between ensuring a child's access to both parents and the nuances of individual custody situations, which may vary widely. Critics of the bill may argue that the proposed amendments could inadvertently penalize parents who, facing legitimate concerns for the child's safety or well-being, might feel compelled to withhold visitation. Additionally, the bill raises questions regarding family court processes and the potential implications for how judges might interpret and enforce these changes in various custody scenarios.