If enacted, SB29 will amend Section 571-46 of the Hawaii Revised Statutes to incorporate coercive control and litigation abuse into the criteria evaluated in custody and visitation cases. This change is crucial for recognizing the nuances of domestic abuse that can affect child welfare, aiming to provide judges with a more comprehensive understanding of a parent's capabilities and behaviors during custody evaluations. Courts will now be tasked with articulating findings based on these factors, which may positively influence outcomes for vulnerable families.
Summary
SB29 aims to address issues within custody and visitation proceedings by including coercive control and litigation abuse as factors for the court to consider when determining the best interests of the child. The bill acknowledges that intimate partner abusers often exploit legal processes to control and intimidate their victims during custody disputes. By integrating these considerations, the legislation seeks to enhance the protection of children and abused partners in the legal system, ensuring that their welfare is prioritized over manipulative tactics used during litigation.
Contention
While the intent behind SB29 is to safeguard individuals from abusive legal practices, some may oppose the bill due to concerns about its implementation. Opponents might argue that the definitions of coercive control and litigation abuse could be subjective or lead to misinterpretations. The challenge will also be ensuring that this additional complexity in legal proceedings does not lead to further delays or increased conflict in custody disputes. Stakeholders will need to navigate these potential pitfalls carefully as the bill progresses.
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