009: Domestic Violence and Child Abuse: Kayden's Law Introduction

Children First Family Law - Transforming how families navigate the challenging landscape of divorce.

In this episode of Children First Family Law, Krista provides an important introduction to what will be an ongoing conversation on the podcast: the complexities of domestic violence, child abuse, and child sexual abuse in family law cases and the current landscape of laws attempting to safeguard those at risk.

This introduction highlights the complexities of this area of family law and provides a solid foundation for understanding the issues. She also previews a series of thought leaders who will join the show in early 2025 to help unpack these important issues.

On this episode, Krista explains the differences between the dependency and neglect courts and family courts and the inability of family courts to terminate parental rights, even if there has been domestic violence or child abuse. She introduces Kayden’s Law, a Pennsylvania statute that aims to protect children, which then spawned federal attention and legislation, which then motivated Colorado to be among the first additional states to change its laws to better protect children from parents who commit DV and child abuse and child sexual abuse.

Krista explains Colorado’s leadership in the transformation of family court reform to better address domestic violence and child abuse, including laws in 2023 and 2024 that greatly change the protections regarding these issues in family courts. These laws have created a pivotal shift in defining domestic violence within legal contexts, including the importance of including children's voices and better defining domestic violence to include aspects of coercive control. This episode advocates for a more compassionate family law system. It encourages listeners to actively engage with these reforms, creating an environment where children and those affected by abuse are genuinely heard and protected.

In this episode, you will hear:

• Exploring the complexities of family law related to domestic violence and child abuse
• Challenges victims face, such as fears of escalation and financial instability
• Differences between dependency and neglect cases versus domestic relations court cases
• Introduction of Kayden’s Law
• Colorado laws that elevate domestic violence, including aspects of coercive control, and attempt to get children's voices in court
• The role of parenting plan evaluators and mandatory reporters in protecting children
• The importance of engaging with reforms for a more effective legal system that protects children

Resources from this Episode

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation.

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Episode Credits

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