Louisiana Legislature Enacts HB236 to Enhance Child Custody Proceedings

New Orleans, LA — In the heart of our justice system lies the family court, where the most personal and emotionally charged battles unfold. For many in Louisiana, this court has become a battlefield where justice is elusive, especially for victims of abuse.

When the family court system failed to honor the covenant between the constitution and its citizens, Louisiana legislators were called to action. HB236 was their response. Authored by the Louisiana State Law Institute (LSLI) and championed by Representative Dixon McMakin, HB236 is a lifeline for those caught in the trauma loop of child custody battles.

Key Provisions of HB236:

• Court-Ordered Evaluations: Allows courts to order child custody evaluations for good cause shown, conducted by licensed professionals following the Association of Family and Conciliation Courts' Guidelines. This aims to prevent the misuse of the family court system for domestic abuse or personal grievances.
• Evaluator Conduct: Prohibits evaluators from undertaking any other roles related to the parties or children involved, ensuring impartiality.
• Communication Restrictions: Prohibits ex parte communication with evaluators unless authorized by law or court order, maintaining transparency.
• Pretrial Discovery: Grants all parties the right to full pretrial discovery of the evaluator's entire file, including the right to depose the evaluator, promoting thorough and fair examinations.
• Rights of Indigent Parents: Ensures that indigent parents can depose, cross-examine, or challenge a court-appointed evaluator without financial discrimination, protecting their rights.
• Evaluation Opinions and Testimony: Mandates that all opinion testimony by licensed mental health professionals complies with Code of Evidence Articles 702 (Daubert) and 703. This allows parents to more easily challenge incorrect or inconsistent custody report findings, ensuring that judges uphold their duty of care.

This bill is not just legislation; it should be viewed as a promise to every family that has ever felt powerless and muted. It is a declaration that truth, justice, and fairness should guide our family court system. HB236 is a testament to the power of voices united for change, the relentless advocacy for parents alienated by the system, and underscores the ability of elected officials to demand and deliver justice when it is most needed.

In the words of our founder, "HB236 is more than a law; it is a lifeline. It tells all the struggling families that they matter, that their stories matter, and that they have not been forgotten."

By addressing these critical issues, HB236 not only protects parental rights but also ensures a more equitable process in child custody cases. This bill is a vital step towards safeguarding families and preventing the abuse of the family court system.

###