Proponents of “Jesse’s Law” Seek Training on Domestic Violence Issues for Judges Handling Child Custody Cases

Judges often face very difficult decisions during contested child custody proceedings. Under North Carolina law, these rulings are to be made based on what is in a youth’s best interests. However, even with an extensive evidentiary record, projecting what will happen in the future is a challenge. A misguided resolution could inflict serious emotional harm on a child, and the stakes are even higher in situations where a threat of violence exists.

Supporters of a bill in the North Carolina House are aiming to give judges additional tools so that they can identify potentially dangerous situations during child custody cases. The proposed legislation known as “Jesse’s Law” would require specialized, evidence-based training for any judge, magistrate or judicial officer who presides over matters related to parenting arrangements. Also referred to as House Bill 896, the legislation’s name honors a Grifton boy killed by his father in 2012.

Adjudicating issues related to a young person’s residence, legal authority and visitation requires respect for parental rights while minimizing risk to the child. Identifying a potential problem might be tough, especially if a son or daughter is too young, or too intimidated, to express what is happening.

Under Jesse’s Law, judicial officers presiding over custody matters would complete 20 hours of initial professional training and then 15 hours of ongoing training every five years. The proposed statute specifies that the curriculum be evidence-based and cover domestic and sexual violence; the effects of abuse and violence on minor children; patterns of victim and perpetrator behavior; and current scientific research on family violence.

Backers of Jesse’s Law believe it could standardize baseline competencies for judges across the state, reduce inconsistent rulings, and promote safer outcomes for survivors and children. However, some observers have questions about implementation and whether heightened attention on abuse will lead some judges to infringe on parental rights when no danger is present.

The Moore Law Office, PLLC in Asheville represents North Carolina residents in a full range of child custody matters, including situations where parental abuse or neglect is alleged. Contact us by calling 828-258-8053 or use our online form to set an initial consultation.