NYS Bill Removes Serious Crimes against Children and Places Them at Risk
“The legislature recognizes that the safety of children is of paramount importance and is an integral element of their best interests. To that end, the legislature finds that judicial decisions regarding custody of, and access to, children must ensure children’s safety as a threshold issue” quoted from NYS Bill No. S3170-A or “Kyra’s law”.
We can all agree that the above statement must be the center piece by which all decisions regarding family custody and care are centered around, there are no arguments about placing a child’s safety above all else. The 13 page bill provides details for any sitting family court judge to take under consideration when determining child custody mostly, Kyra’s law covers violent crimes like; threats to kill a child or themselves, sexual abuse or coerced sexual activity of the child or other party, strangulation, violence during pregnancy and coercive control. These actions by any person not known to you would be criminal matters, projected under our constitutional rights and due process and punished accordingly but, because these crimes are now used as a measuring tool of domestic violence-almost all but murder are heard in the family court setting under the rules and procedures of civil practice.
The bill also, as of amendment A, covers certain provisions for gun control efforts, adding as an assessment of best interest to the child whether or not a parent owns or has access to firearms (§2(ii)) and reporting any discomfort or perceive threat while, “cleaning, accessing, displaying, using or wearing a firearm or other dangerous weapon in an intimidating or threatening manner” (§1(viii)). New York has already passed and enacted Red Flag laws which remove constitutional rights without due process while maintain limited liability with false reports or damaged property- Ex parte orders are the most common and quickest method to get in front of a civil Judge, this bill reduced violent crimes down to violations and civil disclose resulting in slaps on the wrist and more times than not reduce visitations for a parent. Domestic abuse advocates will scream, “it’s just a piece of paper” regarding orders of projections yet, wants us to believe a violent parent will be barred from harming a child because of a non- enforced civil court order?
Kyra’s law as added provision after provision dictating what criminal activity is considered bad enough to remove custody yet, fails to offer any solutions for parents facing false allegations, financial abuse, years of docket management and lost time with their children. Kyra’s law fails to address that 70% of all child neglect is caused by mothers (2020 Child Maltreatment Report)! Kyra’s law fails to keep children safe by allowing violent criminals free to work, live and cause harm at their leisure by not holding them criminally responsible. This level of wickedness must be addressed with punishment and removal of parental rights, not a useless order of project and child support payments and those sanctions can only be delivered by criminal court.
We cannot expand the reach of civil practice for those unable to meet evidence requirements for serious crimes. Family court isn’t the backdoor for unconstitutional laws and enforcement.
