Tuesday, June 3, 2014

Child Abuse and Parenting Plans



I recently came across this sad story from NPR regarding child abuse and mistreatment.


I would venture to say that a lot of child abuse goes unreported. Within the family law realm, child abuse and neglect is relevant in the context of developing a parenting plan. The court may impose restrictions on a party’s residential time and decision making authority for certain conduct, including  “physical, sexual, or a pattern of emotional abuse of a child” or “a history of acts of domestic violence or an assault or sexual assault which causes grievous bodily harm or fear of such harm.”

In cases where child abuse, neglect, and/or domestic violence are alleged, it is best to have a guardian ad litem appointed to make recommendations to the court regarding an appropriate parenting plan. The guardian ad litem must make recommendations based on the best interests of the child, and the recommendations are made after an investigation. During the investigation, the guardian ad litem will interview parties and collateral contacts, review documents such as Child Protective Services Reports and Police Reports, visit with the children, interview teachers, principals, and counselors. Based on their investigation, the guardian ad litem will make their recommendations to the court. The judge may adopt some, all, or none of the guardian ad litem’s recommendations depending on the comprehensiveness of the investigation and credibility of the guardian ad litem as a witness.

If you and your family are currently in a domestic violence and abuse situation, call 911 if there is an emergency. If you need help finding resources and domestic violence programs and services, call the Washington State Domestic Violence Hotline 800-562-6025 (8AM – 5PM) or the National Domestic Violence Hotline 800-799-7233 (open 24 hours).

Copyright © 2014 Wong Fleming, All rights reserved.
______________________________________

Rachel Luke is a attorney in the Bellevue office of Wong Fleming. Ms. Luke practices family law and represents clients on divorces, custody issues, parenting plans, child support, and more. 


The Wong Fleming Web Page and all of the information on the website are public resources of general information and entertainment which are intended, but not promised or guaranteed, to be correct, complete and up-to-date. This website may also be considered advertising under various jurisdiction rules governing attorney professional conduct, but it is not intended and does not constitute legal advice. The reader should not consider transmission of these materials to create an attorney-client relationship, should not rely on information provided herein and should always seek the advice of competent counsel in the reader’s jurisdiction. Wong Fleming does not intend links on the website to be referrals or endorsements of the linked entities, and offers no comment regarding the contents of other websites linked to this website. Wong Fleming does not wish to represent anyone desiring information based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Materials appearing at this website may only be reproduced in their entirety (without modification, and must include this Disclaimer)
Before proceeding, please note: If you are not a current client of Wong Fleming, please do not include any information in an e-mail that you or someone else considers to be of a confidential or secret nature. Wong Fleming has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing legal services or retaining a lawyer. An attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming is not established until and unless Wong Fleming agrees to such a relationship as reflected in a separate writing.