I am writing in support of passage of HB247. It is a fact, as stated by HUD Sec. Fudge,during the House Oversight committee meeting last week that many public housing authorities have problems. The public housing authority where i formerly lived in Charlottesville had been cited by HUD for deficiencies. Additionally, many of the public housing units are OLD and constructed with very cheap materials. These 2 factors place residents of public housing at risk for health impacts. Many residents are our elderly and children. Both these populations are susceptible to the environmental impacts of aging buildings. It is not the fault of the residents' that funding from HUD's operational budget is not adequate and HAS NOT been for quite some years. Housing is a Human Right that I vigorously support. Having a safe and healthy home option benefits the community in so many ways. The ability of residents to seek redress is foundational. These changes will enhance that foundational principle. Thank you for your time and attention to this Bill. Respectfully, Nancy Carpenter Spotsylvania County resident mobile: 540-718-7196

I am in support of this bill for the following reasons: Talking points. Alleviate the financial burden and sometimes financial devastation for the parties; particularly for the low wage earning spouse or the non working spouse. Fault based divorces may cause a breakdown in co-parenting and a breakdown in the family unit. Even though the family unit is dissolved legally, the family unit is still intact if there are children and grandchildren involved. Such allegations of a fault-based divorce are public record and can cause extreme embarrassment for the parties and if the parties have children, for the children as well. The embarrassment can be felt throughout the family structure and within society and professionally. When proving fault-based allegations such as cruelty, apprehension of bodily hurt, etc. exhibits/testimony are used. Examples of this may be inappropriate text messages, photos, allegations of abuse, even though not proven, which are all a part of a public record. Parties should be permitted to divorce without depleting their retirement and savings and leave their dignity intact. I've been practicing law since 2005 and I would say that in my experience, 85% of the divorces that are filed on fault based are granted a NO fault divorce. In addition, emotions run extremely high during the divorce process. The process of gathering evidence and proving fault-based divorces can lead to unsafe situations for a spouse which can include domestic violence and death. Thank you for your consideration, Shannon D. Lemm

Thank you for working to move this bill forward. I support HB 273 and hope this will pass. Our current standard 1 year waiting period for divorce serves to hold the financially disadvantaged party, most frequently the woman, in unhealthy, dangerous and abusive situations. It increases the overall cost of divorce for everyone and often leads to mothers being forced to accept unreasonable terms of settlement from their abuser as they cannot financially sustain the very expensive divorce process for a full year. Virginia is one of the most difficult states for women to get out of abusive marriages safely and eliminating this artificially extended waiting period is a good first step to improving the situation.

Please help keep teachers safe by voting YES.

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Mr. Chair and members of the committee, We are writing to you today regarding HB 764 (Delegate Delany - D), which would allow for the early termination of a lease for survivors of sexual violence. This bill is critical to ensuring that survivors and their children in Virginia have access to a safe living environment. We ask for your support in favor of this legislation. As you may be aware, RAINN is the nation’s largest anti-sexual assault organization. Founded in 1994, RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE and hotline.rainn.org). RAINN also carries out programs to support victims, educate the public, and improve public policy. Currently, survivors in Virginia must secure a protective order and wait until 30 days after the following payment period before they can leave an abusive home. Not only does this pose a financial burden and barrier to many, but it can extend abuse for up to two months. HB 764 offers another avenue for survivors to secure an early termination of a lease and reduces how long they are trapped in an unsafe home. Approximately 20 people per minute are physically abused by an intimate partner in the United States, which adds up to more than 10 million men and women annually. Survivors stay with their abusers for multiple reasons, including a lack of financial resources or an inability to find housing elsewhere. Many states have an explicit exception that allows survivors to break a leasing agreement exceptions due to domestic violence in their code. We encourage Virginia to join the growing number of states that have opened pathways for survivors of sexual violence to escape their abusive environment. HB 764 will ensure survivors can use official evidence from law enforcement or a medical professional to break their lease. We urge you to support this bill and pass it out of committee. Thank you for your continued leadership and for supporting victims of sexual violence in Virginia. Mollie Montague Director of State Legislative Affairs, RAINN

I am against this bill. The problem with this bill is something really inherent in the entire JDR court system, which rarely does the right thing for kids. Continuing with a GAL who is duplicitous and wrong-headed, far too powerful, and now, with this bill, cannot more easily be removed (something difficult anyway due to the over-cozy relationships between court officers and judges) is VERY detrimental to the welfare of the child. Appointment of the GAL is almost pro forma as it is, as judges often have sweetheart arrangement with their favorite GALs. Mine was terrible, chooses winners and losers without regard to the wishes of the child, does not follow the model conduct required of GALs, and who lies repeatedly in court about one parent over the other. There is a reason the GAL system is regarded as one of the worst mechanisms of the court, and this bill will only strengthen the GAL hold to disenfranchise one good parent in favor of the other.

I really hope these to bills are past, we defaintly need judges to be train on the sverity and harm on children if the evidence is not taken serious in many case.We need a full investigation on how abuse is handled over all. In many of our cases the judge penalized or punished us for bring up claims of abuse on our kids. My evidence was true and I, school officals and psychologist were deeply concern with the change in my son behavior, health and education. I had solid proof that son being under dads care was a real concern and not at all in best interest of child. I feel these bills speaks , finally our concerns for years . No judge should be allowed to gear away from the facts, give a opinion this creates bias, dismissing all evience by the parent reporting the abuse, only excepting evidence from one parent and not other creating double standards . Evidence should be heard equally from both parents when it comes to children well being and determining what is best for children. How is it possible a judge can say i do not believe this parent ever violates the order,or i do not want to hear about abuse claim in my court room or get out. This should never happen, judges should be impartical and stick to the laws and facts when i had solid proof and evidence that my son was being abused and have a order in place give every little time supervised which was given to me as punishment for reporting abuse when i have no record or history of ever being abusive or harmful to my child and also proof have not seen my son in 4 years, because judge believes ex follows order so she dismissed my motion, blocked me from returning again. My order says alot to the harm this judge has done to my son and I. If we have judges not obeying or being force to stick or follow these laws in place, that is where the problem is. These laws will happen and i pray they get voted in for the betterment of children. Also shared parenting max time with both parents is crucial in child over all development speaking as a teacher. No judge should be ruling for sole custody only on very extreme cases with proof from professional intervention this is needed. a child has the right to love and be with both parents equally

Comments Document

Dear VA Courts of Justice (House & Senate): All related matters should be heard jointly, not different times/sessions. It’s 21st century and imperative to comprehensively revamp this code. Its current language sets for arbitrary, capricious, and subjective ways. It’s necessity to meticulously examine the incentives at play. Marriage involves two, while divorce requires only one. Childrens’ Constitutional rights are violated by this and similar statutes, conflicting with Amendments 1, 5, and 14th. Despite good intentions, the legal process often falls short of the desired codes. Simply, best interest of a child is a 50/50 arrangement with both parents. While protections maybe warranted, it is crucial to emphasize that the US Code takes precedence over state codes. Essential to combatting false accusations and the misuse of legal processes. Implementing measures that deter and penalize false allegations, including false police reporting and perjury, is necessary to uphold constitutional rights and statutory provisions, with time loss and time given. Northern Virginia Parents United, >90 parents facing similar issues in family (JDR), circuit, Appeals, and Supreme Court proceedings, witness fundamental due process denials and violations akin to 18 U.S.C. Section 242. Such infringements lead to constitutional rights violations and the non-upholding of US and Virginia Codes. This situation is causing irreparable harm to children, necessitating urgent action to prevent prolonged suffering. Parents seeking protection for their children, per 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA), often face punishment. Courts neglect their own rules, like Va. Supreme Court Rule 5:13, failing to enforce orders, lack a preponderance of evidence, zealous prosecutions, involving FOIA'ed emails from police, Commonwealth, and the Defendant, violation of 18 U.S.C. §242, facilitating children across state lines, as per Code §18.2-49.1. The Center for Rights and Protection of Children proposes bills in bipartisan support address violating Va. Code §20.124.2 & .3 "Best interests of a Child" and (non)enforcement of court orders and codes, Va. Code §20-146.1 Chapter 7.1. UCCJEA, and Va. Code §18.2-49.1 per BOYD, JR. V. COMMONWEALTH OF VA, Va. Ct.App. (2020). The plea is to apply codes consistently, protecting children's rights and ensuring equality for all parties as the initial basis for custody. Watch & read: https://www.youtube.com/watch?v=BudeCZ8d7_A https://erasingfamily.org/ & "Erasing Families" from children's perspective https://www.youtube.com/watch?v=KLCsbtS9dUA&feature=youtu.be https://parentingopinions.com/why-children-need-both-parents/#:~:text=Research%20has%20shown%20that%20children%20raised%20in%20two-parent,the%20benefits%20they%20bring%20to%20a%20child%E2%80%99s%20development GALs: https://casetext.com/case/bonhotel-v-watts https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976. Please review cases like Va Supreme Ct #240049 (VAC0883-23-4) & #230358 (VAC1336-22-4) that exemplify instances where and how legal process appears to deviate from the Constitution, codes, rules, and case law such as KEEL VS. KEEL, VA SupCt (1984); as Protection Orders are given away like candy lacking a standard of preponderance of evidence (physical in particular), many with ulterior motive per COMMONWEALTH OF Va V. AMOS, Va. SCt. (2014) & U.S. V. MORGAN, (1954). Thank YOU, NVPU

As a mother that faced horrible abuse from domestic violence that included the abuse of my children, I needed options here in Virginia. There was no early intervention and we could not find safety and help. Since that time, I now understand how concerning the numbers are with state intervention and what happens to families in court. We are called by our oaths to hold up the protections of both the United States and Virginia Constitutions to protect the God given rights of citizens. Anyone that looks at the numbers of abuse, exploitation and harm done to children can not deny there are better ways to support families in crisis and ensure safety. The situation is complex. Yet there are ways to stop the harm and abuses of agencies, lawyers and judges. There are ways to build a better system that protect children and transition families safely through crisis. We can ensure best laws are in place to allow this to happen. I am asking for a YES on HB890 & HB766. This is a start and part of improving what is being done. We need 50/50 custody as a default, and we need highly train individuals that have the least amount of retraumatising and exploiting both parents and children. We must work to stabilize the longevity of family for the best interest of children. Covering up abuse, erasing parents and putting children in greater risk of long term addiction, abuse, exploitation, health issues, mental health issues and suicide are not the best outcomes. We can and must do better. Please vote YES on HB890 & HB766, and lets build better intervention for family crisis that decreases the harm and increases the success of family transition. This is not a partisan issue. This is an American issue that is effecting children. We must find ways to de-weaponize and de-incentivize our system to anything beyond securing family and ensuring the long term health of children. Education those working with families in crisis to stabilize and find the most optimal environment is vital. "YOUR HELP is needed to achieve a “YES” vote from the House Courts Justice committee to pass HB890 and HB766. HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” It is the position of the Center For the Rights & Protection Of Children that evidence clearly shows that children benefit from a loving and safe mother and father- both parents in their lives. As long as abuse and neglect are not factors of concern, each parent influences the well-being and safety of their children in different but valuable ways. Restricting a child from a loving and safe mother or father may lead to consequences affecting their health, education, personality, and future success." Center For the Rights & Protection Of Children

I urge the Subcommittee members to vote YES to HB 766 as amended and NO to HB 890. Children's best interests should always be kept the primary focus in custody matters. The courts need to be trained more on family violence and coercive control. Those involved in custody matters should be true experts in domestic violence and understand its complex dynamic and very harmful effects to children and families in Virginia. Domestic violence and coercive control takes many forms and are often insidious. There have been too many children and families severely impacted. Parents' rights cannot be increased at the cost of their children's health and safety.

Comments Document

For over a decade an unlicensed psychological intern testified in hundreds of cases in Fairfax, Arlington, Loudoun and Prince William. She testified in criminal cases and took children from parents. The VDHP Board of Psychology had her sign a consent order admitting to every accusation brought by parents against her. Unfortunately, only a few parents were even aware. The Board could only deny her a license. Since she never had one they had nothing to take away. With no statutory authority they could not publish her name nor could they refer her to law enforcement. State Police fraud investigators had no cooperation from locally elected Commonwealths attorneys. Several elected prosecutors had used this same false expert, Jennifer Shaw of the Gil Clinic, in their own prosecutions. Hundreds of families have been harmed. Children have been taken from parents without any criminal accusations or police investigations. No judge should have power to arbitrarily deny a parent's rights without evidence based on known perjury and fraud. Even after her hearings before the Board, Jennifer Shaw, of the Gill Clinic in Fairfax continued testifying as an expert in court. The VDHP Boards should have authority to give notice to judges and courts in circumstances where they uncover egregious fraud. No one can explain how this blatant crime took place in multiple courts for over a decade. Many lawyers are and were aware of her fraudulent practice. They knowingly purchased her testimony on behalf of their clients thus conspiring to commit fraud and suborning perjury. Attorneys who relied on her testimony were either incompetent or colluding. Several Judges even allowed Shaw to testify from the Gallery thus avoiding qualifying as an expert. Counsel in my case, Douglas Bywater, specifically instructed Shaw not to provide records. Even after Shaw’s lack of a license was acknowledged by the court, she was not held in contempt nor prosecuted for over 15 years of unlicensed practice. In my case the Judge, Fiore, ordered the GAL that he had personally appointed, Molly Newton not to inquire about Shaw’s lack of license. Each time Dr. Shaw saw a client, without supervision, she is violating Virginia law. Every time Shaw appeared in court she was committing perjury. My own counsel, Blankingship and Kieth, refused to report her to the VDHP and dropped me as a client when I filed that report myself. The Commonwealth of Virginia should embrace justice and due process rather than woefully remain a an ignorant backwater, where crimes against parents are perpetrated in the very courts where they seek redress.

I am writing in favor of this bill. Please vote yes. We need shared parenting in the best interest of the child. My granddaughter has been traumatized by the court system. Our maternal side has been completely removed from this poor child's life. This includes her wonderful mom, brother, grandparents, cousins , aunt and uncle. There was never any evidence of abuse. The judge decided to award the ex-husband sole custody with his family consisting of himself, an estranged sister and grandparents that live out of state. Judge completely ignored the experts in the case CPS and a psychotherapist that all said the mother should not be taken out of her life. Where is the best interest of the child?There are so many studies that show clear evidence that children benefit from a loving mother and father- both parents in their lives. This child has gone from a vivacious loving child to a fearful lost child that needs immediate resolve of this horrible situation. Please vote yes.

My name is Ekaterina Antipova (4th grade teacher at one of the private schools) residing in Fairfax County, VA deeply concerned about how children in the US are impacted by the issues related to domestic violence, custody, alienation. We need to pass this bill. This bill is informing the judges of the mental health crisis that is taking place and impacting our children. I know many cases where children from divorced parents started taking drugs because children could not be with loving and caring parents. We do not need barriers that prevent children from seeing loving parents. We need to have a healthy society and children should not suffer. I am a member of the Center for the Rights and Protection of children. Other parents are also like minded parents who understand that children should be able to see their family members Let me know how I can support delegates like you who deeply care about the future of the country, communities and children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts”

Comments Document

Hi. Similar bills should be heard jointly. I'm a co-founder of the NVa. Parents United. I seek to provide further details in person. VA should be 50/50 legal and physical custody and enjoined with BOTH parents >1 hour of the children. Code 20.124.2 & .3; any exception, eg Domestic Abuse must have verificable physical proof to aoid falsehoods for custody and other ulterior motives. Regarding GALs &others https://casetext.com/case/bonhotel-v-watts & 2017 cases over turned with abuse of authority https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976 14th amendment and assurance of 42 U.S.C. Section 1303 (f) and 42 U.S.C. 106(b)(2)(B)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) Visitations BOYD, JR. V. COMMONWEALTH OF VIRGINIA, Va. App. affirmation No. 1681191 (2020). 27 cases overturned https://www.tandfonline.com/doi/full/10.1080/15379418.2019.1613204 See also this link https://www.vacourts.gov/courts/cib.pdf on the Court Structure (graphic) that it excludes the fact that the Virginia Bar is an entity of the Virginia Supreme Court - near the bottom - "Uniform Rules and Practices -- Uniformity of practice is regarded as a vital element for the development of a sound judicial system." Uniformity is seriously lacking today in our courts of abitrary, capracious, and subjective bought opinions. In mercy and plea for children and families, please see attached three (3) suggestive 2024 bills via the Center for Rights and Protection of Children (CRPC) that naturally would require your dedication in effort of bi-partisan support and sponsorship in assurance of children's rights and their protection, especially with more and more children being taken across state lines and destroying families per Va. Code § 20.124.3 Best interests of a Child and its interference of such enforcement of the courts orders, constitution, statute and case laws such as Keel vs. Keel, Va. SupCt. (1983) (not upheld by VA SupCt Justice), Va. Code § 20-146.1 Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act and Va. Code §18.2-49.1 per Robert Boyd, Jr. v. Commonwealth of VA, Va. Ct.App. (2020) and others to protect children's rights and equally for all parties. NVa. Parents United, >90 parents growing and we have had meetings over the past years with several parents who experience the similar issues, parents with in the JDR, circuit court, appeal proceedings are often denied fundamental due process and witness to violations like that of 18 U.S.C. Section 242, resulting in the violation of their constitutional rights. This dire situation is causing irreparable harm to countless children, who deserve to grow up in safe and nurturing environments with both parents. URGENT need for action cannot be overstated, as every delay prolongs the suffering of innocent children. This includes parents being punished for seeking protection of their children as required reporting under 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA). Please see the middle section https://www.linkedin.com/posts/trward_antitrafficking-children-childrensrights-activity-7152379678731751425-AWmG Random acts of kindness https://lnkd.in/d-DDffTa & https://lnkd.in/gYWJbrsC https://www.linkedin.com/feed/update/urn:li:ugcPost:7153416274314760192?commentUrn=urn%3Ali%3Acomment%3A%28ugcPost%3A7153416274314760192%2C7155405374173433856%29 Thank you

Del Earley's bill seems to merely make a cosmetic change from 'visitation' time to 'parenting' time. The Del. is unaware, apparently, how often judges abuse their discretion in both the legal and obvious practical sense. Judge Lisa Kemler in the Alexandria court is one such example. She routinely takes away parental rights and abuses va code 20-124.3 by allowing court officers, with whom she is overly cozy, to simply declare the non-preferred litigant as "abusive" for it to be done. We need a new definition of abuse, and less judge control in family court law matters. JDR court is a hot mess, and badly needs reform.

Please vote "NO" to HB 890. The stress that my son must endure from going back and forth every other week is not in his best interest. He now has less friends and more anxiety from juggling two homes. My son loves both of his parents but feels lonely having to go back and forth so much. It is hard to maintain friendships and juggle two separate lives. The schedule has also created a financial hardship and an unbalanced financial weight on the parent who spends more on the child. There is nothing in place that makes both parents split reasonable cost so I spend more on my son’s necessities. I pay for clothes, shoes, haircuts, tutors, most of the car insurance, all of the health insurance. The shared custody has created more chaos than peace in our lives.

Please vote "NO" to HB 890. The stress that my son must endure from going back and forth every other week is not in his best interest. He now has less friends and more anxiety from juggling two homes. My son loves both of his parents but feels lonely having to go back and forth so much. It is hard to maintain friendships and juggle two separate lives. The schedule has also created a financial hardship and an unbalanced financial weight on the parent who spends more on the child. There is nothing in place that makes both parents split reasonable cost so I spend more on my son’s necessities. I pay for clothes, shoes, haircuts, tutors, most of the car insurance, all of the health insurance. The shared custody has created more chaos than peace in our lives.

Hello, My name is Jessica Powell. I am a mother of 4, I have lived in the wonderful state of Virginia my whole life. I am a former Private School Principal who now stays home full time caring for my children and I am also an advocate for the Safe Parents Coalition. I have to make my concerns for this proposed bill known. Please read a very shortened version of my story and concerns below. I am open to conversations, live testimony or any clarification that is needed. Thank you in advance for taking the time to read them. I appreciate the difficult task you all have to decide such life altering policies, but I beg you to truly think about the families that this would impact so negatively.   As someone who has had to navigate the family law courts for the last 6+ years reading this bill brings literal tears to my eyes. What a step back this would be for and already broken system. My children’s other parent has an extensive criminal background that includes assaults, drug and alcohol related charges and 2 convictions of DUI. He was also charged and convicted with domestic violence against myself for beating me and dragging me around our house in front of our then 3 year old children. Because of Virginia’s first offender treatment program my abuser has no record of an official conviction of domestic abuse. Unfortunately, that wasn’t the only incident. Like many victims of abuse, I hid a lot. I would stay home until the bloody lips and bruises healed or cover them with long sleeves and pants. I finally left for good, but the abuse continues through the children and through the court system. They beg not to go, they cry, they come home with injuries, bruises, terrible stories, and fear. Their spirit is broken. No one listens to us. No one has protected us. I sometimes find myself regretting leaving because now I cannot protect my children when they are court ordered to go to their other parents house. It is already extremely difficult for safe parents to fight for their children’s rights. The focus needs to remain on the children’s best interest. Not the parents. The courts already have the power to grant maximum custody time to each parent based on best interest of the child factors. There is already a lack of protection for children. Laws are already outdated for abuse. This bill makes if even more difficult for safe parents and their children to be protected. Look at the research. Putting a limit on time abuse can be considered? Only considering what falls under the outdated legal definition of abuse? This would be detrimental to the child who is screaming they don’t want to go to the other parent because they aren’t safe. It mutes their already muffled voices in this incredibly broken system. Most of the families in the court system have a background of high conflict and complex issues that requires knowledge of such. Most of the families that would benefit from a bill like this settle before getting to court. HB890 puts a one size fits all approach to a topic that is FAR from a one size fits all. Again, the court already has the power to grant the maximum custody they see fit for both parents. This bill would cause an incredible amount of burden and harm to the already struggling families that are trying to navigate through the family court system to prove the best interest of the child. For the families and especially the rights of children, please vote NO for HB890.

Please vote "NO" to HB 890. I have experienced this exact scenario as my child's father works out of state for 1-4 months a year. I experienced psychological and verbal abuse from my own father in my childhood and my child's father created the same atmosphere for my daughter and myself in his home. Despite my pleas for help in preventing physical, psychological, and verbal abuse to my child by her father that would affect her for the rest of her life, our first GAL stated that my child should be with him the majority of the time since I had to work a normal 40-hour work week and he had nothing to do during the week for the majority of the year. This poor decision on her behalf caused my child mental health trauma that she has been in counseling for in order to try to repair the damage that was done. This decision has been financially costly due to having to retain another attorney to try to reverse everything to the best of her ability and due to the ongoing play therapy sessions. After interviews and testing, a psychologist came to the conclusion that my child's father would pose a risk to my child's health due to his lack of care in ensuring her health and safety. HB 890 has failed every time it has been introduced. The Virginia Bar Association's Family Law Coalition, Virginia Sexual and Domestic Violence Action Alliance, and Virginia Poverty Law Center have opposed it every year. Until the Commonwealth of Virginia passes laws that define domestic and family abuse to include psychological abuse, coercive control, and financial abuse, such a bill should absolutely not be passed. Yes, children should be with both parents as much as possible, when both parents are mentally healthy. But healthy parents who are capable of being reasonable and civil do not end up in litigation - they make decisions in the best interest of their child(ren) without having to step foot in a courtroom. The majority of former spouses or partners do not end up in family court. A child's right to a healthy and stable home should always be the priority in family court adjudication, not a parent's right to the child.

Hb1311 vote yes

Comments Document

I am in support of House Bill 1311. We need this bill along with more legislation to protect victims of domestic abuse against perpetrators having the legal system on their side to drag and abuse their victim further with Virginia courts. I am currently entrapped in an abusive marriage. The protective order I have in place is not enough because the bullying, intimidation, and threats continue through his coercive controlling behaviors while violating court orders without consequences. He refuses to let me go amicably, has gotten in my face with his violent temper, refuses to contribute to the joint household living expenses, withholds his income and forces me to pay all the bills, has threatened to put me and my mother out of my home and have me continue to pay all the bills while he lives in the house, and has threatened to force me to pay for life insurance premiums naming him as the beneficiary for his benefit. I am in survival mode daily in an unsafe situation. Passing HB 1311 is a start to address the legal trap holding me in an abusive marriage against my will longer than I need to be. There is a lack of protection by law to recognize the many forms of domestic violence such as emotional abuse, mental abuse, psychological abuse, and financial abuse as cruelty and willful constructive desertion and abandonment. I need legal protection to get out safely NOW, not a year from now. I should not be forced to live in fear with this man another minute, not have full protection under the law from all forms of abuse, nor should I have to wait a whole year after establishing a separation date before I am granted freedom from the abuser. On your watch, please do not allow domestic violence victims to remain entrapped for a whole year to prolong the emotional, mental, physical, psychological, and financial abuse giving time for things to potentially escalate to physical injuries and/or domestic homicides.