Stava Files Trio of Bills Aimed at Protecting Safe Parents in Custody Disputes with Abusers

DOWNERS GROVE, Ill. — State Rep. Anne Stava, D-Downers Grove, filed three bills on Thursday each addressing a different aspect of family court practices affecting vulnerable parents and children. The bills focus on definitions of common terms, allocation of costs and ensuring that family court orders align with a child’s specific medical needs.

“Many custody proceedings are between reasonable people who love their kids and are both able to center their best interests,” Stava said. “But that’s sadly not true in all cases, and when one parent is more focused on lashing out at the other than on what’s best for their children, current law and family court practice both fall far short of what’s needed for ensuring an outcome that reflects a child’s best interests.”

Stava filed House Bills 5176, 5177 and 5178:

HB 5176—The Family Law Definitions Act: Would create binding legal definitions of the terms “safe parent,” “high-conflict” and “parental alienation,” while requiring family courts to use these definitions and prohibiting the use of other terms that have the purpose or effect of evading these definitions. (Full Text)

HB 5177—Aligning Recommendations with Children’s Actual Clinical and Emergency Needs and Determinations (ARC-ACEND): Would make the recommendations of guardians ad litem or other court appointed authorities, when they concern a child with a diagnosed medical condition, provisional until they are certified as medically appropriate by a qualified physician. (Full Text)

HB 5178—Supervised Parenting Safety and Fairness Act: Would require a court to verify the reasonable availability of qualified supervisors before ordering supervised parenting time and, when it has deemed supervised time to be warranted, to refrain from allowing unsupervised parenting time simply because no supervisor is available. (Full Text)

“Family courts in our state have, in too many cases, not kept up with evolving best practices for child welfare or our understanding of patterns of abuse,” Stava said. “Time with children is treated almost like a form of property, abuse is often tolerated and victims are blamed when they try to protect themselves and their children. Even when abuse is recognized and addressed, victims  are often required to pay for the measures needed to keep the child safe. None of this is right, and that’s why it’s time for action.”

​