Breakout 9 | Judicial Panel - Perspectives on the impact of domestic violence on custody orders

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According to the NCJFCJ (National Council of Juvenile and Family Court Judges), it is more likely than not that judges presiding over contested custody cases will have to grapple with two related questions: 1. Whether one parent has been physically and/or emotionally abusive to the other parent and 2. If so, how that violence or abuse should impact the court's decision about ongoing custody and visitation. This facilitated discussion will explore the legal and ethical considerations that must be given when evidence of domestic violence is presented and how such evidence impacts custody orders.

Takeaways:

• What kind and quality of evidence is persuasive for a judge to make a finding of domestic violence in custody matters?
• What are the legal and ethical considerations of restricting a parent's custody time when there is evidence of domestic violence?
• How does a judge weigh the 50/50 custody presumption a parent's right to significant and meaningful contact when there is evidence of domestic violence?
• What is in the best interest of a child when the victim of domestic violence is a parent and not the child and how does that impact a judge's decision in a custody order?

Panelists: Hon. Susan Jensen, Greene County Circuit Court, Springfield; Hon. Trisha McCulloch, St. Charles County Circuit Court, O'Fallon; Hon. Angela Vorhees, 29th Judicial Circuit, Carthage

Moderator: Amy Diemer, St. Francis Community Services, St. Louis

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.