SCR69

A Concurrent Resolution urging the Congress to pass legislation protecting children in child custody disputes.

Whereas, According to the National Center for Injury Prevention and Control, one out of three women and one out of four men have been victims of physical domestic violence at some point in their lives; and

Whereas, Domestic violence that not only affects the victim but also victimizes the millions of children living in these homes who are hearing the threats, witnessing the violence, or living in its aftermath; and

Whereas, According to the National Coalition Against Domestic Violence, one in every 15 children is exposed to domestic violence each year, and 90 percent of these children are witnesses to violence; and

Whereas, These children can suffer significant emotional, physical, and psychological damage that can be long lasting and can lead to higher rates of substance abuse, juvenile delinquency, and significant emotional issues as adults; and

Whereas, These children are also at a higher risk for being the direct victim of abuse and neglect; and

Whereas, According to research, a high percentage of parents involved in contested custody cases have a history of domestic violence that may go unrecognized or undetected by judges; and

Whereas, A child’s safety is at danger for physical and psychological harm when a judge awards the abusive parent or caregiver unsupervised parenting time in a child custody case; and

Whereas, According to the Leadership Council of Child Abuse and Interpersonal Violence, over 58,000 children per year are court ordered into unsupervised parenting time with either physically or sexually abusive parents or caregivers; and

Whereas, Judges who are making child custody determinations should have substantial training in domestic violence that is based on current, valid scientific research in order to recognize the occurrence and dynamics of domestic violence and understand the effects of domestic violence on children; and

Whereas, Domestic violence experts testifying in child custody cases should have substantial experience and training in domestic violence that is based on current, valid scientific research in order to provide their advice or recommendation to the court; and

Whereas, Given the recognition that the welfare of our children is of paramount importance to the families of our State, this Legislature urges the Congress to support legislation that protects children and their interests in child custody disputes; now, therefore,

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The New Jersey Legislature urges the Congress to support legislation that makes the protection of children and their interests the paramount concern in child custody cases.

2. Copies of this resolution, as filed with the Secretary of the State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly, to the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the House of Representatives, and each member of Congress elected thereto from New Jersey.

STATEMENT

This concurrent resolution urges the Congress to support legislation that makes a child’s safety and protecting their interests the paramount concern in child custody cases.

Millions of Americans have been in relationships or are currently in relationships that involve domestic violence. Children can suffer significant psychological, physical, and emotional harm from being exposed to domestic violence. Research shows that children who are exposed to domestic violence can suffer from, among other things, depression, low self-esteem, and symptoms of post-traumatic stress disorder. The detrimental effects of domestic violence on children are often long lasting and can lead to juvenile delinquency, substance abuse, and significant emotional issues as adults. These children are also at a higher risk for becoming future victims or victimizers of domestic violence, thus furthering the cycle of violence.

Children are at a high risk of physical and psychological harm when the courts grant unsupervised care to the perpetrators of domestic violence in child custody proceedings. This resolution urges the Congress to protect children who are the most vulnerable of our population by supporting legislation that makes their safety and the protection of their interests the paramount concern in child custody cases.