Child custody battles can be one of the most emotional and high-stakes parts of family law. For many parents, ensuring their child’s safety during such disputes is the top priority.
In California, a landmark legal development has shifted how the courts approach custody cases involving abuse and domestic violence. Known as Piqui’s Law, this legislation is a direct response to a tragic case that shocked the state and emphasized the critical need for reform.
The Heartbreaking Story Behind Piqui’s Law
Piqui’s Law was named after Aramazd "Piqui" Andressian Jr., a bright and joyful 5-year-old whose life was cut short in 2017. Piqui was murdered by his father, Aramazd Andressian Sr., during a custody dispute.
Despite warnings and red flags raised by his mother about the father’s erratic behavior and abusive tendencies, the courts allowed unsupervised visits. Tragically, this decision had devastating consequences.
The tragedy of Piqui’s case highlighted flaws in how family courts handle allegations of abuse. It underscored the urgent need for measures that prioritize child safety above all else. That’s where Piqui’s Law comes in, designed to prevent similar tragedies by addressing key gaps in the legal system.
What Is Piqui’s Law?
At its core, Piqui’s Law aims to protect children from being placed in dangerous situations during custody disputes. Here’s what the law does:
Mandatory Training for Judges
Under Piqui’s Law, California judges overseeing custody cases must undergo specialized training focused on domestic violence and child abuse. This training equips judges with the knowledge needed to recognize signs of abuse, assess risk factors, and make decisions that prioritize the child’s well-being.
Prohibition of Traumatic Reunification
The law bans court-ordered "family reunification treatments" when abuse is suspected. This includes forcing children to participate in reunification camps or programs, particularly those involving overnight stays or sudden custody transfers. Such practices have often been criticized for re-traumatizing children and prioritizing parental rights over safety.
By implementing these provisions, Piqui’s Law creates safeguards to ensure the courts consider the risks posed by an abusive parent before making custody decisions.
How Piqui’s Law Impacts Custody Cases
If you’re going through a custody case in California, understanding how Piqui’s Law works can be critical. Here’s how it might come into play:
Evidence Matters More Than Ever
Under this law, courts must carefully examine evidence of abuse, which can include:
- Police reports or protective orders.
- Testimonies from teachers, therapists, or other witnesses.
- Medical records documenting injuries or trauma.
Even a history of domestic violence, even if it didn’t directly involve the child, is given serious weight in custody decisions.
Consequences for Abusers
Parents found to have a history of abuse or violence can face significant restrictions, including:
- Loss of custody rights.
- Supervised visitation only.
- Mandatory participation in counseling or intervention programs.
The goal is to create a framework where children are protected from being placed in potentially harmful situations, regardless of parental rights.
Real-Life Application
Imagine a scenario where one parent has a documented history of domestic violence, but there’s no direct evidence of harm to the child.
Under Piqui’s Law, the court must still consider the potential risk the abusive parent poses, rather than assuming they’re fit for unsupervised custody. This represents a shift toward a child-first approach in family law.
Protecting Your Child During Custody Disputes
If you’re involved in a custody case where abuse is a concern, here are a few steps you can take to protect your child:
- Document Everything: Keep records of any incidents of abuse, including dates, photos, medical reports, and police involvement.
- Work with a Knowledgeable Attorney: Family law attorneys familiar with Piqui’s Law can help present your case effectively and ensure your child’s safety is prioritized.
- Know Your Rights: Understanding the protections offered under Piqui’s Law can empower you to advocate for your child during custody proceedings.
The Journey to Piqui’s Law
Piqui’s Law wouldn’t exist without the efforts of dedicated advocates and lawmakers. Senator Susan Rubio spearheaded the legislation, which passed with unanimous support.
This law stands as a powerful example of how communities can come together to enact meaningful change. Its impact is already being felt, as courts across California adjust their practices to put child safety at the forefront.
Facing a Custody Battle in California? We Can Help.
Custody disputes can be overwhelming, but you don’t have to face them alone. At Holstrom, Block & Parke, we’re committed to protecting your family and fighting for your child’s safety. Our team understands the stakes and works closely with parents to navigate challenging situations like those addressed by Piqui’s Law.
If you’re concerned about your child’s well-being or have questions about your rights under California custody laws, call us today at 855-426-9111 or reach out via our online contact form. Let’s work together to secure the best possible outcome for you and your family.
