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Bill > HB766


VA HB766

VA HB766
Custody and visitation arrangements; best interests of the child, family history of abuse.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Custody and visitation arrangements; best interests of the child; expert testimony; history of abuse. Requires a court to consider any history of family abuse, sexual abuse, child abuse, or an act of violence, force, or threat in determining best interests of a child for purposes of determining custody or visitation arrangements. Under current law, only such history that occurred no earlier than 10 years prior to the filing of a custody or visitation petition is required to be considered. The bill also requires that any expert evidence from a court-appointed or outside professional relating to any alleged abuse of a child subject to such petition shall only be admitted if such professional possesses demonstrated expertise and clinical experience in working with victims of the type of such abuse alleged that is not solely of a forensic nature. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to provide mandatory judicial training on trauma-informed practices in proceedings involving domestic violence to magistrates and judges of the juvenile domestic relations district courts, general district courts, circuit courts, and the Court of Appeals of Virginia, the justices of the Supreme Court of Virginia, and court personnel.

AI Summary

This bill modifies Virginia law regarding child custody and visitation determinations by expanding the court's considerations of family abuse history and expert testimony in cases involving potential child abuse. Currently, courts only consider abuse history from the past 10 years, but this bill introduces additional protections for children potentially exposed to abuse. Specifically, the bill requires that any expert testimony related to alleged child abuse can only be admitted if the expert has demonstrated clinical expertise in working with victims of the specific type of abuse alleged, and not just forensic experience. Furthermore, the bill prohibits courts from ordering reunification treatments like counseling, programs, or workshops between a child and a parent who has been found to have committed abuse against the child or the other parent. The legislation also mandates that the Office of the Executive Secretary of the Supreme Court of Virginia provide mandatory judicial training on trauma-informed practices for judges, magistrates, and court personnel in domestic violence proceedings, aiming to improve the judicial system's handling of sensitive family law cases involving potential abuse.

Committee Categories

Justice

Sponsors (1)

Last Action

Left in Courts of Justice (on 11/18/2024)

bill text


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