September 14th – September 17th, 2008 - Town & Country Resort and Convention Center, San Diego, CA
For more information, visit: http://www.ivatcenters.org/Conferences/Conferences-International.htm |
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ANNOUNCEMENTS & UPCOMING EVENTS
New Legislation!
Illinois:
HB 360 amends the section of the Marriage and
Dissolution of Marriage Act dealing with child-custody proceedings. (Effective
date: 1/1/06) Specifically, it eliminates the role of a child
representative. The amendment is the result of a November ruling by the
Illinois Supreme Court dealing with Norma Perez' child-custody case. Justices
ruled her rights were violated because her attorney was not allowed to
cross-examine the child representative assigned to her case. A DuPage County
judge granted Perez's ex-husband, R. Edward Bates, sole custody of their
daughter based, in part, on the representative's report. While the ruling
did not directly affect her custody situation, it helped change the law.
She lost custody in 2002 after a dispute in which Bates and court-appointed
psychologists accused her of parental alienation syndrome. The syndrome is not
recognized by the American Psychiatric Association or other medical
associations.The use of PAS against mothers in child-custody cases continues to
be worrisome to Perez, and she hopes to make changes regarding the use of PAS in
court. But, she said she feels the bill is a major step toward making reforms in
family law.
Excerpted from the full story at
http://www.suburbanchicagonews.com/couriernews/city/e01normalaw.htm
Bill text: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0640&print=true
Alaska: HB 385 passed with a unanimous vote in both the Alaska House and Senate on 5/11/04. To summarize, this bill:
elevates the weighting of domestic violence in the best interest of the child factors
makes consideration of domestic violence a factor in temporary custody decisions, and not based just solely on equal and frequent contact
disallows the "friendly parent" provision where there is domestic violence/child abuse (its difficult for a victim or protective parent to really be "friendly" with someone that abuses you or your children)
institutes a rebuttable presumption that batterers will not get custody of children.
http://www.legis.state.ak.us/PDF/23/Bills/HB0385Z.PDF
http://www.akrepublicans.org/mcguire/23/spst/mcgu_hb385.php
Arizona: Assembly Bill HB2348 passed the Arizona Senate on 5/26/04. This bill allows disposition of community property, calculation of spousal maintenance and determination of child support to occur with consideration of criminal conviction for acts against the spouse or child. It also included the following:
1) No custody or unsupervised visitation to sex offenders or murderers.
2) Courts shall consider financial ability when ordering services, evaluations, etc.
3) Evaluator will swear and affirm on EACH evaluation that he/she is up to date with the training.
4) 6 hours initial training on child abuse.
5) 6 hours initial training on domestic violence.
6) 4 hours every other year on child abuse and domestic violence.
7) Minimum standards for training created by Domestic Relations Committee.
8) 2 more senators and 2 more House members on Domestic Relations Committee.
Hawaii: HB 1980-SD1, filed at the State House of Representatives of Hawaii on 4/07/04 eliminates closed hearings in Family Court Child Protective Services (CPS) matters, allows parents involved in CPS matters to bring a non-lawyer advocate to hearings, requires the Supreme Court to review Family Court judges and requires Family Court judges to enforce perjury statutes.
Tennessee: HB 2848 and SB 2966, filed at the State Congress of Tennessee on 1/26/04 amends Tennessee Code, relative to the Protective Parent Reform Act, which addresses custody of abused children.
Wisconsin: Assembly Bill 279, filed at the State senate and assembly of Wisconsin on 4/18/03 creates a rebuttable presumption against awarding a parent joint or sole legal custody if the court finds that the parent has engaged in a pattern or serious incident of abuse, requiring a guardian ad litem and a mediator to have training related to domestic violence, and requiring a guardian ad litem to investigate and a mediator to inquire whether a party in an action affecting the family engaged in domestic violence.
MOTHERS IN NEED OF ACTION - BREAKING NEWS
_____________________________________________________
Violence victims to lose lawyers
STRANDED: Feds cut funding to Alaska Legal Services Corp.
By LISA DEMER
Anchorage Daily News
Published: September 22, 2005
Hundreds of Alaska victims of domestic violence will go without lawyers as they
battle for protective orders, divorce, child custody and public benefits,
according to a poverty law organization.
The Alaska Legal Services Corp. has lost a federal grant that paid for three
attorneys, and partial salaries for others, to represent low income, rural
victims of domestic violence and child abuse. In a few communities that put in
local dollars, including Anchorage and Fairbanks, the help for domestic violence
victims will continue, said Andy Harrington, Alaska Legal Services executive
director. ...
(Full article here:
http://www.adn.com/news/alaska/story/6998368p-6899727c.html
)
Link to Alaska Legal Services Corporation:
http://www.alsc-law.org/
This is a vital issue to abused women and
children in the state of Alaska. Alaska ranks among the top 5 states in the
nation for per capita rates of domestic violence. The rate of Alaskan women
being killed by a partner is 1.5 times the national average. Please
contact U.S. Senator Stevens and Murkowski's offices and urge them to find a way
to restore the federal funding to this program.
U.S. Senator Ted Stevens
United States Senate
522 Hart Senate Office Building
Washington, D.C. 20510
(202) 224-3004
(202) 224-2354 FAX
U.S. Senator Lisa Murkowski
709 Hart Senate Building
Washington D.C., 20510
202-224-6665
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Upcoming Events
January 2008
Battered Women, Abused Children, and Child Custody:
A NATIONAL CRISIS
Fifth
Annual
Conference
January
11th-13th, 2008 Friday
Evening
through Sunday
Evening
Clarion Hotel and Conference Center
Albany, New
York
Visit www.batteredmotherscustodyconference.org
for downloadable conference brochure with information on registration, schedule,
topics, fees, scholarships, hotel discount, and other details.
(Watch the website for updates on conference presenters and details)
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*The Conference includes presentations, round-table discussions, and question & answer sessions with nationally-distinguished professionals whose work is focused on resolving the complex issues facing battered women as they strive to protect themselves and their children in and out of court during custody and visitation disputes. It is open to lay persons, and of special interest to advocates, social workers, psychologists, attorneys, judges, legal personnel, and others involved in the issue of battered women's and abused children's legal and civil rights violations by family courts, DSS, and other government systems. |
Mo
Therese Hannah, Conference Chair
mhannah413@aol.com;
518-210-2487
Liliane
Heller Miller, Conference Vice Chair
lrhmiller@bellsouth.net; 704-393-8224
September 2008
September 14th – September 17th, 2008 - Town & Country Resort and Convention Center, San Diego, CA
For more information, visit: http://www.ivatcenters.org/Conferences/Conferences-International.htm |
October 2008
October is Domestic Violence Awareness Month. Check your local community calendar for events and activities to celebrate the strength of battered women and children. Wear a purple ribbon in acknowledgement of domestic violence survivors, and a white ribbon for victims of domestic violence that are no longer with us.