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.
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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.
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