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HI SB2395
Bill
AI Summary
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Adds coercive control and litigation abuse to the factors courts must consider when determining the best interests of a child in custody and visitation disputes.
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Defines "coercive control" by reference to section 586-1 (existing domestic abuse statute).
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Defines "litigation abuse" as misuse of court proceedings by a party with a current or former intimate partner relationship who is subject to a restraining order, arrested for domestic abuse violations, or under child welfare investigation, when litigation is primarily to harass or maintain contact with the other party.
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Establishes that litigation abuse includes claims without legal or factual support, or issues previously litigated and decided unfavorably to the filing party.
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Applies retroactively only to rights, duties, penalties, and proceedings that arise after the Act's effective date.
Legislative Description
Relating To Coercive Control.
Judiciary
Last Action
Referred to HHH, JHA, referral sheet 24
3/10/2022