Relating To Childhood Sexual Abuse.
The potential impact of HB451 includes enhancing the safety and welfare of children who are victims of abuse. By not allowing parental alienation syndrome to be used as a defense strategy in custody disputes, the bill aims to protect custodial parents, often mothers, from losing custody due to unsupported claims of alienation by the other parent. The inclusion of 'probable harm' and 'harm' in legal determinations helps the state to take proactive steps in protecting children in precarious situations, thus expanding the criteria under which the state can intervene.
House Bill 451 aims to reform Hawaii's child custody laws particularly in cases involving allegations of child sexual abuse and domestic violence. The bill proposes two major changes: it prohibits courts from considering parental alienation syndrome when determining custody in cases where sexual abuse or domestic violence has been reported, and it allows for consideration of 'harm' and 'probable harm' instead of merely 'imminent harm' in Child Protective Act determinations. This represents a significant shift in how courts approach custody evaluations amidst serious allegations.
Despite its intentions, the bill is likely to face contention from various parent and family organizations, particularly those who view parental alienation syndrome as a legitimate concern. Opponents may argue that the bill may tip the scales too far in favor of custodial parents fearing retribution from alleged abusers, potentially undermining the rights of non-custodial parents. Additionally, the bill's reliance on scientific findings discrediting parental alienation syndrome may encounter scrutiny from those who argue that not all cases are adequately represented by such studies.