Stop HB 2237
I. Sign the petition:
II. Share this Page and Flier With Friends
(The flier is created by Family Violence Appellate Project, the authority on RCW 26.09.191 for survivors of domestic violence)
III. Write to your Lawmakers
Use the information from below, the flier or the links at the bottom of this page to point to how the bill could negatively impact your case.
Suggestions for content: (a) lead with at least one sentence about your experience; (b) what happens when judges have discretion to apply dv/abuse findings (optional anything else you want to add) (c) end requesting that they oppose HB 2237 and SB 5205.
Follow the link: https://app.leg.wa.gov/billsummary?BillNumber=2237&Initiative=false&Year=2023
Click the green button that says “Send a comment on this bill to your legislators”
Fill out the forum and click “OPPOSE” and submit your statement.
Harmful changes in HB 2237:
(Additional information provided at the bottom)
This bill strengthens the use of Parental Alienation claims to reduce the weight of domestic abuse findings. While domestic violence/child abuse is currently a mandatory factor in residential schedules; this bill provides instructions to the court so it can award the abuser custody as long as there are other discretionary findings (such as abusive use of conflict aka Parental Alienation or emotional impairment) and the court makes "expressed written findings" (7b on page 16). Proponents claim Abusive use of Conflict’s definition has been narrowed, but do not disclose that the power to apply it has been massively increased, and the definition is still entirely open ended to include anything, the bill reads: “Abusive use of conflict" refers to a party engaging in ongoing and deliberate actions to misuse conflict. This includes, but is not limited to….”
Drastically reduces the chances to succeed on appeal for dangerous family law orders. Because 99% of the bill has a rebuttable presumption, there will be no recourse to appeal, and most of the case law referencing 191 to protect survivors will be obsolete, and slim chances for future case law to be decided to help survivors.
Domestic violence and child abuse factors will no longer guarantee survivor parents sole-decision making. Instead, it offers several pathways for the court to order the survivor to share decision making with an abuser. (one is on 6b on page 15)
The bill allows, even recommends and gives the court instructions on how to order no contact for a parent with a discretionary finding (including abusive use of conflict/Parental Alienation or emotional impairment) until treatment is completed (4DiiB on page 14). "The court may also order that a parent complete treatment for any of these issues if the need for treatment is supported by the evidence and the evidence supports a finding that the issue interferes with parenting functions" (4DiiA: on page 14). In effect you could be ordered treatment for "abusive use of conflict" and not see your kid until you've completed treatment for this. Combine this with the presumption for supervised visitation to be professionally supervised, this could mean that parents labeled with “abusive use of conflict” or “emotional impairment” could be ordered to pay unaffordable supervision fees to see their kids.
There are many more problems with this bill, click the link at the top to read a deeper analysis of the bill. HB 2237 Text is Here, SB 5205 Text is Here (scroll down under “Available Documents” click the latest bill which is the lowest bill on the list, called either “Original Bill or “Substitute Bill”
For an attorney in-depth analysis, see Family Violence Appellate Project’s (FVAP) Analysis Strongly Opposing HB 2237,
Also see: Misleading Promotion of HB 2237.
Also see harms of HB 2237 in Laymen’s Terms: Open Letter against HB 2237
Also see the procedural fails of HB 2237: HB 2237 Fails,
To look up status of the bill or read the bill: HB 2237’s page is here. (Scroll down to click on bill or bill report)