Safety for children should mean that children’s health and welfare are secure in law, policy and practice. On March 15, 2022, the Violence Against Women Act Reauthorization Act of 2022 (VAWA) was signed into law. Section 1603 states in relevant part:
“The purposes of this title are to:
(1) increase the priority given to child safety in any private State court proceeding affecting children’s care and custody …;
(2) strengthen courts’ abilities to recognize and adjudicate domestic violence and child abuse allegations based on valid, admissible evidence, and to enter orders which protect and minimize the risk of harm to children as the first priority …”
Colorado’s “Julie’s law” mandates that child safety be the first priority of custody and parenting adjudications. Courts are directed to prioritize safety risks and claims of domestic violence and child abuse as a bedrock consideration when they determine the best interests of the child, even before assessing other best interest factors. Likewise, Pennsylvania’s “Kayden’s Law”—awaiting passage—states: “It is the intent of the General Assembly to ensure that in all cases and controversies before the courts involving questions of child custody, the health, safety and welfare of the child are protected and regarded as issues of paramount importance.”
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