Family Law Bench Book

Introduction

The risk presented to children by having to live in an abusive home or in a conflicted home is great. The risk of a bad decision is less harmful to children, than living with both parents in abusive or conflicted situations.

1. Requires Motion and hearing.
   
   
1. If one of the following is presented to the satisfaction of the Judge, petition should be granted:
1. Respondent has abused or threatened children with injury.
2. Respondent has abused or threatened petitioner with injury.
3. Respondent has damaged property.
2. If none of the above (A, B or C) are established but the atmosphere at the home is so conflicted that children are being hurt by it. First, determine level of conflict:
1. Low level: send to FOC or evaluator before granting order.
2. Medium/high: leave historically more "primary" parent with children in home.
   
   
2. If an order for removal is granted, the following relief should also be addressed, if relevant.
   
   
1. If the families’ economic resources do not permit the "primary" parent to stay, then the Order should generally specify where that parent can live with the children.
2. Parenting time - minimize parental contact at transition times.
3. Child support.
4. Spousal support.
5. Personal Protection Order.
6. Referral to Friend of the Court.
7. Schedule an evidentiary hearing.