IV 

115TH CONGRESS 

1ST SESSION H. CON. RES. 72 

Expressing the sense of Congress that child safety is the first priority of 

custody and visitation adjudications, and that State courts should improve adjudications of custody where family violence is alleged. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2017 

Mr. MEEHAN (for himself, Mrs. CAROLYN B. MALONEY of New York, Mr. 

FRANKS of Arizona, Mr. SUOZZI, Mr. RASKIN, Ms. ESHOO, Ms. SPEIER, 

and Mr. CARTER of Texas) submitted the following concurrent resolution; 

which was referred to the Committee on the Judiciary 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that child safety is the 

first priority of custody and visitation adjudications, and 

that State courts should improve adjudications of custody 

where family violence is alleged. 

Whereas approximately 15 million children are exposed each 

year to domestic violence and/or child abuse, which are 

often linked; 

Whereas child sexual abuse is significantly under-documented, and under-addressed in the legal system; 

Whereas child abuse is a major public health issue in the 

United States, with total lifetime estimated financial 

costs associated with just one year of confirmed cases of 

child maltreatment (including physical abuse, sexual 

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abuse, psychological abuse and neglect) amounting to approximately $124 billion; 

Whereas according to the Centers for Disease Control and 

Prevention, federally launched, funded and tracked longitudinal research into ‘‘adverse childhood experiences’’ 

(the ACEs study) has shown that ‘‘children who experience abuse and neglect are also at increased risk for adverse health effects and certain chronic diseases as 

adults, including heart disease, cancer, chronic lung disease, liver disease, obesity, high blood pressure, high cholesterol, and high levels of C-reactive protein’’; 

Whereas research confirms that allegations of domestic violence, child abuse, and child sexual abuse are often discounted when raised in child custody litigation; 

Whereas research shows that abusive parents are often granted custody or unprotected parenting time by courts, placing children at ongoing risk; 

Whereas research confirms that a child’s risk of abuse increases after a perpetrator of domestic violence separates 

from a domestic partner, even when the perpetrator has 

not previously abused the child; 

Whereas researchers have documented a minimum of 568 

children murdered in the United States in a 10-year period by a parent involved in a divorce, separation, custody, visitation, or child support proceeding, often after 

access was provided by family courts over the objections 

of a protective parent; 

Whereas scientifically unsound theories such as parental 

alienation syndrome, enmeshment, and others are frequently applied to reject parents’ and children’s reports 

of abuse; 

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Whereas in cases involving allegations of family violence 

courts should rely on the assistance of third-party professionals only when they possess the proper experience or 

expertise for assessing family violence and trauma, and 

apply scientifically sound and evidence-based theories; 

Whereas most States lack standards defining required expertise and experience for court-affiliated or appointed feepaid professionals in custody litigation or the required 

contents of custody-related expert reports; 

Whereas custody litigation involving abuse allegations is 

sometimes prohibitively expensive, resulting in parental 

bankruptcy, as a result of court-mandated payments to 

appointed fee-paid professionals, in addition to attorneys’ 

fees; and 

Whereas the Inter-American Commission on Human Rights 

found that the United States is failing in its legal obligation to protect women and children from domestic violence: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) child safety is the first priority of custody 

4 and parenting adjudications, and courts should re5 solve safety risks and claims of family violence first, 

6 as a fundamental consideration, before assessing 

7 other best interest factors; 

8 (2) quasi-scientific evidence should be admitted 

9 by courts only when it meets admissibility standards 

10 for scientific evidence; 

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1 (3) evidence from court-affiliated or appointed 

2 fee-paid professionals regarding adult or child abuse 

3 allegations in custody cases should be admitted only 

4 when the professional possesses documented exper5 tise and experience in the relevant types of abuse, 

6 trauma, and the behaviors of victims and perpetra7 tors; 

8 (4) States should define required standards of 

9 expertise and experience for appointed fee-paid pro10 fessionals who provide evidence to the court on 

11 abuse, trauma and behaviors of victims and per12 petrators, should specify requirements for the con13 tents of such professional reports, and should re14 quire courts to find that any appointed professionals 

15 meet those standards; 

16 (5) States should consider models under which 

17 court-appointed professionals are paid directly by 

18 the courts, with potential reimbursement by the par19 ties after due consideration of the parties’ financial 

20 circumstances; and 

21 (6) Congress should schedule hearings on fam22 ily courts’ practices with regard to the objective, 

23 fair, and adjudication of children’s safety and civil 

24 rights. 

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