Competing Statutory Provisions

Last updated May 2010

Legislation should provide that where there are statutory provisions which would compete with the rebuttable presumptions described above, for example a “friendly parent” provision, which favors a parent who will foster frequent contact with the other parent, or a provision that provides for the presumption of joint custody, these provisions shall not apply to cases involving domestic violence, dowry-related violence or dowry deaths. Legislation should provide that where there are statutory provisions which would compete with the rebuttable presumptions described above, for example placing custody of the child with the husband’s parents, these provisions shall not apply to cases involving dowry-related violence or dowry deaths.

See: Child Custody and Visitation Decisions When the Father Has Perpetrated Violence Against the Mother (2005); Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Risk Factors, and Safety Concerns (Rev. 2007).