THE NATIONAL SAFE PARENTS ORGANIZATION NEW MEXICO CHAPTER requests your support of a forthcoming bill, locally known as Lucas' Law, which would provide enhanced training for family court and court professionals and protections for children under 18 subject to child custody litigation.

The bill will bring the federally enacted provisions of the bi-partisan VAWA Keeping Children Safe from Family Violence Act to New Mexico, and could qualify New Mexico for authorized funding. 

As Congress has recognized, many U.S. children – estimates are in the tens of thousands - have been put at risk by family courts failure to adequately protect children from post-separation domestic abuse and coercive control. 

Some courts have wrongfully ordered children into the full custody of one parent and completely away from another, safe, loving parent. 

It is well-documented that some parents use family courts as a means of continuing to control or abuse post-separation via hurting, draining financial and time resources, and controlling their former partners and children by taking away or harming the children. 

The bill would improve NM family courts handling of allegations and evidence in contested domestic relations disputes. 

Eight other states have already enacted these important federal provisions. 

The bill will: 

1. Ask that family courts making parenting time decisions consider past evidence of domestic abuse, including physical or sexual child abuse and coercive control factors.

2. Limit the use of reunification treatments which cannot be proven to be safe and effective for children: No “reunification treatment” may be ordered by the court without generally accepted proof of the safety, effectiveness, and therapeutic value of the particular treatment, and any treatment ordered may not cut a child off from a safe primary caregiver to whom the child is attached or was formerly attached prior to their separation when there is no physical or sexual abuse. 

3. Provide evidence-based ongoing training to judges and court personnel on family violence, including: (i) child sexual abuse; (ii) physical abuse; (iii) emotional/psychological abuse; (iv) coercive control; (v) implicit and explicit bias; (vi) trauma; (vii) long and short-term impacts of domestic violence and child abuse on children; and, (viii) victim and perpetrator behaviors.

4. Restrict expert testimony to only those who are appropriately qualified to provide it based on license and/or training: Evidence from court-appointed or outside professionals regarding allegations may be admitted only when the professional possesses demonstrated expertise and experience in working with victims of the types of abuse at issue, whether domestic abuse, child abuse, or sexual abuse of children, or coercive control.