Montana custody courts would require abuse training and limit treatment orders

Judges and standing masters who handle custody cases would complete specialized training. This applies to judges and standing masters presiding over child custody proceedings. The training must cover domestic and sexual violence, child abuse, bias, and trauma, and rely on evidence-based, peer-reviewed research. The training must be provided by a professional experienced in helping survivors; a survivor must also provide it if possible. These training requirements would take effect July 1, 2025, if the measure were enacted.

Guardians ad litem would verify that they completed specialized training. This applies to guardians ad litem appointed to represent children in custody proceedings. The training must cover domestic and sexual violence, child abuse, bias, and trauma, and rely on evidence-based, peer-reviewed research. A survivor must help provide the training if possible. This requirement would take effect July 1, 2025, if the measure were enacted.

Courts would consider relevant, admissible evidence of abuse in specified custody cases. The rules apply in child custody proceedings between parents about a child's care or custody. This applies when a parent is found to be a leading aggressor of domestic violence, an offending parent in a child abuse case, or a perpetrator of violence. Evidence may include protection orders, arrests, and convictions. Expert testimony must come from a professional with demonstrated experience working with victims, and the limits on diagnoses and recommendations depend on who was personally evaluated.

Courts could not order reunification treatment without scientific proof that it is safe, effective, and therapeutic, or if it depends on cutting a child off from a parent to whom the child is bonded. These rules apply in child custody proceedings between parents involving a child's care or custody. A court could not remove a child or restrict contact solely to improve a relationship with the other parent when that parent is competent, protective, not physically or sexually abusive, and the child is bonded or attached to that parent. When a child resists contact with a violent or abusive parent, an order must first address that parent's behavior or contribution to the child's resistance.