Michigan Lawmakers Introduce 'Kayden Law' Bills Targeting Family Courts

A group of Michigan lawmakers have introduced a package of bills aimed at overhauling how family courts consider domestic violence evidence in custody cases and enacting new requirements for appointing experts.

The bills are a localized adoption of provisions included in the Violence Against Women Act of 2022, known as Kayden’s Law. Kayden’s Law is named after a 7-year-old Pennsylvania girl killed by her father during a permitted unsupervised visit, despite her mother, Kathryn Sherlock, raising the alarm about her ex’s history of violence and threats, according to Sherlock’s legislative testimony.

Michigan Rep. Stephanie Young, one of the sponsors of the four-bill package introduced Sept. 26, said in a text message to The Detroit News that she plans to schedule a hearing on the legislation once the state legislative session resumes after November general elections.

Two of the bills were referred to the Family, Children and Elderly Committee, chaired by Young, and the other two were referred to the Judiciary Committee.

“Kayden’s Law aims to improve the well-being of children who are the innocent parties in parental disputes or custody battles,” Young said in a press release. “Every child in this situation deserves protection, especially in cases where a parent has exhibited aggressive behavior.”

She did not immediately provide other comments on the legislation.

The first bill amends the Child Custody Act 1970, which contains factors for courts to consider when awarding custody. The additions set out how courts should consider evidence of domestic violence perpetrated by a parent when allegations are raised against them in custody cases, such as restraining orders and previous convictions.

The legislation also prohibits courts from restricting custody to a parent who is “competent, protective and non-abusive solely to improve the relationship with the other parent,” according to the press release.

It prohibits courts from ordering reunification treatment between a parent and a child that is based on severing the relationship with the other parent. If a court orders reunification treatment, that treatment must be generally accepted and proven to be safe, effective and of therapeutic value, in accordance with the law.

If a child resists contact with an abusive parent, any court order intended to correct the relationship must first address the abusive parent’s behavior, before ordering the other parent to take steps to improve the relationship between their child and the abusive parent. the bill says. .

A separate bill introduces training requirements for court officers, which the state court administrative office would provide, with the goal of improving their “ability to recognize domestic violence and abuse in child custody proceedings and make custody decisions appropriate measures that prioritize the safety and well-being of the child.” ” The enactment of the bill is based on the approval of amendments to the Child Custody Act.

The final bill specifies that in criminal cases involving domestic violence, child abuse, and child sexual abuse, proposed experts must have demonstrated experience and knowledge of working with victims in the relevant area.

Several states have adopted versions of Kayden’s Law, including California, Tennessee, Colorado, Pennsylvania, Utah and Maryland.

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