SENATE MEMORIAL 92

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Antoinette Sedillo-Lopez

 

 

 

 

 

A MEMORIAL

REQUESTING THE NEW MEXICO COALITION AGAINST DOMESTIC VIOLENCE TO CONVENE A TASK FORCE TO MAKE RECOMMENDATIONS FOR POLICY AND LEGISLATIVE CHANGES TO IMPROVE THE SAFETY OF CHILDREN WHO ARE THE SUBJECT OF CUSTODY DISPUTES WHEN THERE IS EVIDENCE OF DOMESTIC VIOLENCE.

 

     WHEREAS, nationally, and in New Mexico, more than one in three women will experience domestic violence in her lifetime, and one in seven men will experience domestic violence in his lifetime; and

     WHEREAS, the rates of domestic violence are at least as high among gay and lesbian intimate partners, but rates of reporting to law enforcement or of seeking services are very low and not specifically tracked; and

     WHEREAS, in New Mexico, thirty percent of all reported domestic violence incidents involve at least one child who is a witness to the violence; and

     WHEREAS, New Mexico is one of only eight states that presumes that joint legal custody is in the best interest of the child in every case; and

     WHEREAS, a finding of domestic violence is a factor to consider to rebut the presumption of joint legal custody being in the best interest of the child; and

     WHEREAS, the national council of juvenile and family court judges recommends that courts consider the safety and well- being of the child and the abused parent above all other best interest factors in disputed custody cases where there has been a finding of abuse by one parent or the other; and

     WHEREAS, there is a national trend to eliminate presumptions and preferences in favor of broad judicial discretion applied with close attention to the facts of each case; and

     WHEREAS, a 2010 department of justice study on the use of court-appointed expert witnesses in custody cases involving evidence of domestic violence found that the facts of the case have less influence on the final custody and visitation arrangements than the custody evaluator's understanding of domestic violence, and, as a result, when a custody case ends up in court, the fate of parents and children most often lies in the hands of the evaluator; and

     WHEREAS, in disputed custody cases, New Mexico judges routinely appoint experts to evaluate the child and the parents to assist the court, but do not require those experts to meet the legal standard for rendering an expert opinion and do not require evaluators to have any specialized training or knowledge of the dynamics of domestic violence; and

     WHEREAS, national research shows that judges follow the recommendations of evaluators ninety percent of the time; and

     WHEREAS, New Mexico law provides an option for mediation of child custody disputes and permits courts to order mediation but does not require mediators to be trained about the dynamics of domestic violence or to screen for domestic violence;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico coalition against domestic violence be requested to create a task force to study the relationship between allegations of domestic violence in contested child custody cases and the safety and well-being of children in those cases; and

     BE IT FURTHER RESOLVED that the New Mexico coalition against domestic violence task force include representatives from the following:

          A. the coalition to stop violence against Native women;

          B. the city of Santa Fe coordinated community response council;

          C. the university of New Mexico school of law;

          D. a legal service provider with expertise in family law and domestic violence;

          E. a representative from the administrative office of the courts with expertise in domestic violence;

          F. a representative of the family law section of the state bar of New Mexico;

          G. a representative of the children, youth and families department;

          H. a representative of the New Mexico commission on access to justice; and

          I. representatives from a diverse array of community-based organizations that have clients, including immigrants, who have had experience in contested custody cases in which domestic violence was an issue; and

     BE IT FURTHER RESOLVED that the New Mexico coalition against domestic violence task force report its findings and recommendations of that study to the appropriate interim legislative committees on or before December 1, 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the executive director of the New Mexico coalition against domestic violence, the executive director of the coalition to stop violence against Native women, the coordinator of the city of Santa Fe coordinated community response council, the dean of the university of New Mexico school of law, the director of the administrative office of the courts, the president of the state bar of New Mexico, the secretary of children, youth and families and the co-chairs of the New Mexico commission on access to justice.

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