A Judge’s Guide

Sec. 403. Presumption concerning residence of child.
In every proceeding where there is at issue a dispute as to the custody of a child, a
determination by a court that domestic or family violence has occurred raises a rebuttable
presumption that it is in the best interest of the child to reside with the parent who is not a
perpetrator of domestic or family violence in the location of that parent's choice, within
or outside the state.
COMMENTARY
This section articulates a rebuttable presumption that the residence of the child in the context of domestic or
family violence should be with the non-perpetrating parent in the location chosen by that parent. This
presumption builds on the one enumerated in section 401. It is designed to defeat any assertion by a
perpetrator of domestic or family violence that custody and residence with the abused parent should be
presumptive only if the abused adult remains within the jurisdiction of the marital domicile. It recognizes
that the enhanced safety, personal, and social supports, and the economic opportunity available to the
abused parent in another jurisdiction are not only in that parent's best interest, but are, likewise and
concomitantly, in the best interest of the child.
Sec. 404. Change of circumstances.
In every proceeding in which there is at issue the modification of an order for custody or
visitation of a child, the finding that domestic or family violence has occurred since the
last custody determination constitutes a finding of a change of circumstances.
COMMENTARY
This section provides that in proceedings concerning modification of an order for custody or visitation of a
child, a finding by the reviewing court that domestic or family violence has occurred constitutes a finding
of a change of circumstances.
Sec. 405. Conditions of visitation in cases involving domestic and family violence.
l. A court may award visitation by a parent who committed domestic or family
violence only if the court finds that adequate provision for the safety of the child
and the parent who is a victim of domestic or family violence can be made.
2. In a visitation order, a court may:
(a) Order an exchange of a child to occur in a protected setting.
(b) Order visitation supervised by another person or agency.
(c) Order the perpetrator of domestic or family violence to attend and
complete, to the satisfaction of the court, a program of intervention for
perpetrators or other designated counseling as a condition of the visitation.
(d) Order the perpetrator of domestic or family violence to abstain from
possession or consumption of alcohol or controlled substances during the
visitation and for 24 hours preceding the visitation.
(e) Order the perpetrator of domestic or family violence to pay a fee to
defray the costs of supervised visitation.
(f) Prohibit overnight visitation.
(g) Require a bond from the perpetrator of domestic or family violence for
the return and safety of the child.
(h) Impose any other condition that is deemed necessary to provide for the
safety of the child, the victim of domestic or family violence, or other
family or household member.
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