Bill Seeks To Prioritize Abuse Cases
State lawmakers voted today to require courts to make the protection of abused spouses and their children a greater priority in child custody cases.
The action came after a Tinker Air Force Base enlisted man killed his two children and himself during a dispute with his wife.
"It's just common sense to assume that when a court has determined that one parent represents a threat to his or her children and ex-spouse in a custody case that it is in the best interest of the child to reside with the non-abusive parent," Rep. Ron Peters (pictured), R-Tulsa. "Unfortunately, the courts don't always see it that way and there have been tragic results."
House Bill 2637, by Peters, is designed to save lives by providing for safe visitation and custody practices for children in custody cases involving an abusive parent, Peters said. The bill requires state officials to consider the safety of the children and non-violent parent as the overriding issue in cases where one parent has been confirmed to be an abuser.
The bill creates a rebuttable presumption that it is in the best interest of a minor child to be placed with the non-abusive parent upon a finding by the judge that there is domestic violence, stalking or harassment in a custody proceeding.
This is the third year Peters has tried to pass thisl egislation and unfortunately comes after the tragic deaths of two children at Tinker Air Force Base. In February, a man attacked his ex-wife during a custody exchange on the base. After she fled, he shot and killed the children and then committed suicide.
"Unfortunately, the tragedy at Tinker could have been avoided if the courts had taken the warning signs seriously," Peters said. "Hopefully, House Bill 2637 will help prevent similar crimes in the future."
According to the Oklahoma Domestic Violence Fatality Review Board, there are an average 75 deaths per year from domestic violence in Oklahoma. Children witnessed the death of a parent in 37 percent of those cases in 2004.
In 57 percent of 2003 cases, there was documented history of domestic violence between the murder victim and the perpetrator.
Even more disturbing, Peters noted that 59 percent of victims and perpetrators had joint custody agreements in cases reviewed in 2002 and 50 percent of the homicides occurred during a child exchange that year.
"Statistically, there's little doubt that an abusive parent represents a serious threat to both the ex-spouse and the children," Peters said. "The courts need to treat these individuals as a true threat."
The action came after a Tinker Air Force Base enlisted man killed his two children and himself during a dispute with his wife.
"It's just common sense to assume that when a court has determined that one parent represents a threat to his or her children and ex-spouse in a custody case that it is in the best interest of the child to reside with the non-abusive parent," Rep. Ron Peters (pictured), R-Tulsa. "Unfortunately, the courts don't always see it that way and there have been tragic results."
House Bill 2637, by Peters, is designed to save lives by providing for safe visitation and custody practices for children in custody cases involving an abusive parent, Peters said. The bill requires state officials to consider the safety of the children and non-violent parent as the overriding issue in cases where one parent has been confirmed to be an abuser.
The bill creates a rebuttable presumption that it is in the best interest of a minor child to be placed with the non-abusive parent upon a finding by the judge that there is domestic violence, stalking or harassment in a custody proceeding.
This is the third year Peters has tried to pass thisl egislation and unfortunately comes after the tragic deaths of two children at Tinker Air Force Base. In February, a man attacked his ex-wife during a custody exchange on the base. After she fled, he shot and killed the children and then committed suicide.
"Unfortunately, the tragedy at Tinker could have been avoided if the courts had taken the warning signs seriously," Peters said. "Hopefully, House Bill 2637 will help prevent similar crimes in the future."
According to the Oklahoma Domestic Violence Fatality Review Board, there are an average 75 deaths per year from domestic violence in Oklahoma. Children witnessed the death of a parent in 37 percent of those cases in 2004.
In 57 percent of 2003 cases, there was documented history of domestic violence between the murder victim and the perpetrator.
Even more disturbing, Peters noted that 59 percent of victims and perpetrators had joint custody agreements in cases reviewed in 2002 and 50 percent of the homicides occurred during a child exchange that year.
"Statistically, there's little doubt that an abusive parent represents a serious threat to both the ex-spouse and the children," Peters said. "The courts need to treat these individuals as a true threat."
Labels: Abused Spouses, Child Protection, Ron Peters
posted by Mike McCarville @ 4:13 PM
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