ESHB 1620: A Call to Action for Family Court Reform

Washington Family Court Domestic Abuse Survivors Call on Lawmakers to Vote YES on ESHB 1620 with the House Striker Amendment to Protect Themselves and Their Children from Further Abuse and Harm. The House Striker amend draws on best practices from NCJFCJ Model Code and the Keeping Children Safe From Family Violence Act, VAWA #KaydensLaw

There is no question WA custody laws need to improve. The question is should they improve as Judges want or as Survivors and abuse experts demand?

LISTEN TO SURVIVORS - WE KNOW BEST WHAT IS GOING WRONG IN #FAMILYCOURT!!

    •    Most Washington child custody cases are governed by the RCW 26.09.187 statute, but when there is domestic abuse, another section of the law comes into play: RCW 26.09.191 (or the 191 statute).  

    •    The 191 statute contains abuse factors, as well as other ‘non-abuse’ factors. The ‘non-abuse’ factors are currently being used (especially by abusers) to downplay, discount and distract attention from the abuse and win custody time. The most problematic elements being misused are ‘emotional impairment’ and ‘abusive use of conflict.’   

    •    ‘Emotional impairment’ does not even require a mental health diagnosis. It is a mushy, ill defined concept, allowing for all kinds of misuse and pathologization of protective parent abuse survivors suffering from trauma. 

    •    ‘Abusive use of conflict’ has a nearly limitless definition that is used as an avenue for judicial bias to operate without being detected. Abusive use of conflict is also the primary tool used by abusive parents to silence the child’s valid repeated claims of abuse.  

    •    Both these non-abuse factors are often used to justify giving custody to the abusive parent. ESHB1620 with the House striker amends these problematic elements so they cannot continue to be misused by courts and abusers.