
Background: Wisconsin Fathers for Children and Families is trying to get their shared parenting bill out of committee, and recently I asked you to write letters to the Wisconsin Assembly’s Children and Families Committee in support of the bill. Steve Blake, president of WFCF, wrote me and said that he spoke with one of the Committee’s clerks and was told that they are receiving “many, many E-mails” from you in support of the bill.
During the recent hearing on the bill, Tamara Grigsby, one of the legislators on the Committee, stood up and asked, “Why is my mailbox filled up with letters over this bill?!” The Committee has heard testimony but has not voted yet. Below is the testimony against the shared parenting bill from the Wisconsin Coalition Against Domestic Violence.
To learn more about the bill, click here. I make the case for shared parenting in my co-authored column HB 5267 Will Help Michigan’s Children of Divorce (Lansing State Journal, 5/28/06).
Testimony in opposition to Assembly Bill 571
Patti Seger, Executive Director, Wisconsin Coalition Against Domestic Violence
Thank you for allowing me the opportunity to provide testimony today regarding opposition to Assembly Bill (AB) 571. I am testifying on behalf of the Wisconsin Coalition Against Domestic Violence (WCADV). WCADV is the statewide voice and membership organization of over 70 Wisconsin domestic abuse programs, victims of domestic violence and their children, and citizens who are concerned with ending domestic violence.
AB 571 creates a one-size-fits-all solution to the concerns of some parents who, despite their desire for equalized placement, are not awarded equal placement by the court. While we wonder if this is a resolution that is even desired by all parents, WCADV’s concerns are specifically focused on families affected by domestic violence and the devastating impact equalized placement could have on victim and child safety. Under current law, the courts are already directed by a presumption of joint custody (decision making) and are to enter court orders that maximize the time each parent has with each child. Under 2003 Act 130, the courts additionally must consider the impact of domestic violence on the safety of the children and must make attempts to protect children from further violence whenever possible. AB 571 creates yet another presumption that the courts must equalize placement unless it can be shown, by clear and convincing evidence, that it is not in the best interest of the children to do so.
Despite the overall trend in Wisconsin, and nationally, to recognize the seriousness of domestic violence, particularly within the criminal legal system, abusive men who fight for custody win 70% of contested custody actions, obtaining at least joint physical and legal custody or sole custody. As research has increasingly established, men who are violent and abusive towards their wives or partners often use the legal system as a tactic of abuse after separation and divorce. They pursue custody of the children, equalized physical placement, and unsupervised access as a means to continue to exert control over or to harass their estranged partners. (more…)
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