If enacted, SB29 will amend existing laws under the Hawaii Revised Statutes to include the factors of coercive control and litigation abuse in custody determinations. This is significant in that it encourages judges to look beyond traditional factors when deciding custody and visitation rights, ensuring that the safety and well-being of the child is prioritized. The inclusion of litigation abuse as a factor recognizes that misuse of the court system can inflict emotional and financial strain on victims, leading to prolonged legal battles that are detrimental to the child’s welfare.
Summary
Senate Bill 29 addresses issues of custody and visitation in the context of domestic abuse by introducing considerations of coercive control and litigation abuse in determining the best interests of the child. The bill recognizes that individuals who abuse their intimate partners often use court proceedings to exert control and harassment over the victim, which can severely impact both the abused partner and children involved. By incorporating these considerations into custody hearings, the bill aims to provide courts with a more comprehensive understanding of the dynamics at play in abusive relationships.
Contention
The bill may face contention regarding how coercive control and litigation abuse are defined and measured in court. Critics might suggest that subjective interpretations could lead to false allegations or misuse of such claims, potentially affecting custody outcomes unfairly. Supporters argue that clarifying these definitions will enhance protective measures for vulnerable families and ensure that courts have the necessary tools to identify and mitigate the impacts of abusive behaviors on children during custody proceedings.
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