Federal Legislation
The Keeping Children Safe from Family Violence Act, also known as “Kaydens Law” was signed into federal law by President Biden in 2022 as part of the Violence Against Women Act (VAWA), and is now being adopted in the states.
In 2023, Colorado was the first U.S. state to enact these crucial child safety provisions we developed at NFVLC. Utah (“Om’s Law”) was the next state to adopt all four key provisions of federal “Kayden’s Law”. Other states have adopted portions of the federal “Kayden’s Law” provisions, including California (“Piqui’s Law”), Tennessee (“Abrial’s Law”), and Maryland.
After years of work to reach this moment, Kayden’s mom (Kathy Sherlock) and Danielle Pollack share a look before President Biden at the historic signing and inclusion of Kayden’s Law in the Violence Against Women Act (VAWA) at the White House, March 16, 2022. © Getty Images, Alex Wong
Key State legislation
2017-18 - Pennsylvania House Bill HB2058 - Improving Custody and Visitation Adjudications In Cases of Child Abuse and Domestic Violence
2018-19 - Pennsylvania Senate Bill SB868 - “Kayden’s Law"
2020-21 - Connecticut Child Safety First Bill - “Jennifer’s Law” enacted
2020-21 - Colorado “Julie’s Law” enacted
2020-21 - Pennsylvania Senate Bill 78 - “Kayden’s Law" and House testimony (passed Senate 46-4)
2022-23 Colorado “Kayden’s Law” enacted
2024 - Utah HB272 “Om’s Law” passed both chambers
See In The News for more on our legislative work
Watch Pennsylvania Senate vote on Kayden’s Law led by Senators Baker and Santarsiero, a bipartisan YES vote (46-4), 2021.
Research and Resources
The George Washington University Law School 2019 Study, by Joan Meier: Child Custody Outcomes in Cases Involving Parental Alienation and Abuse Allegations is a groundbreaking empirical study of over 4000 cases powerfully affirming the reports from the field, that women who allege abuse – particularly child abuse – by a father are at significant risk (over 1 in 4) of losing custody to the alleged abuser in family court. Here is a summary of what this data shows, a 2021 article, and an infographic.
This national study found that:
● When fathers cross-claim “alienation” against an abuse claim made by a mother, family courts are more than twice as likely to disbelieve mothers’ claims of any type of abuse than if fathers made no alienation claim; and
● Child sexual abuse was the least likely type of alleged abuse to be credited by the family courts among three categories: domestic violence (adult on adult), child physical abuse, and child sexual abuse.
RESOURCES on Parental Alienation Syndrome/Parental Alienation (PAS/PA)
1. American Bar Association: Parental Alienation Syndrome, 30 Years On and Still Junk Science
2. American Psychological Association Statement on PAS
3. Fact Sheet: Case Law on Admissibility of PAS
4. Collective Memo of Concern to: World Health Organization about "Parental Alienation"
5. United Nations Special Rapporteur’s report: Custody, violence against women and violence against children
Canadian Centre for Child Protection 2017 Study surveyed 150 individuals who were sexually abused as children and then sexually exploited to others (secondary offenders). The study found that 82% of the primary offenders who first sexually abused the child were a parent or part of the child's extended family and were overwhelmingly male.
The study found 87% of the respondents were 11 years of age or younger when the hands-on abuse began and for 56% of the survivors, the abuse began before the age of 4.
The majority of those arranging the child abuse by the secondary offenders were parents.
For the majority of survey respondents the organized child sexual abuse lasted 6-10 years.
*image by Canadian Centre for Child Protection
Production and Distribution of Child Sexual Abuse Material (CSAM) by Parental Figures study found that perpetrators are most often the male parental figures of the child victims, and victims are predominately girls under nine years of age. The findings reveal distinct patterns and scenarios of parental CSAM offending (Salter, M. et al. 2021).
The Stability Paradox: The Two-Parent Paradigm and the Perpetuation of Violence Against Women in Termination of Parental Rights and Custody Cases Despite changing family compositions, entrenched in family law is the antiquated idea that a two-parent household, or its approximation vis-à-vis a shared custody arrangement, promotes stability and integrity and, thus, is in the best interest of the child. Yet, the concept that the two-parent household (or shared involvement of both parents in the child’s life if the parents separate) promotes stability for the family and is best for the child is a dangerous fallacy. When rape or intimate partner violence (IPV) is present, or the re-occurrence of violence remains a threat, the family unit is far from stable. (Lewis, Judith. 2021)
The Field Center for Children’s Policy, Practice, and Research Study found that 95% of youth who were sex trafficked reported a history of child maltreatment, with 49% reporting a history of childhood sexual abuse. In majority of cases the perpetrator was the biological parent.
This study found that:
More than half of those who reported childhood maltreatment indicated that their earliest incidence of abuse occurred when they were five years old or younger, and all but a handful reported that their maltreatment began at age 10 or younger. The abuse lasted for an average of five years, and respondents typically experienced two to three distinct episodes of maltreatment.
While the majority of eventually sex trafficked youth told adults about their childhood maltreatment [while children], only 36 percent saw action on their behalf.
