Domestic violence providers ask for children's safety to be prioritized in custody battles

SALT LAKE CITY — Traffic in the Utah State Capitol nearly drowned out Leah Moses' voice, but after a moment she seemed to find her volume as she addressed the audience on Monday.

"I don't have a very loud voice. In fact, I typically had to have mics turned up for me, and part of that is just having that lived experience. Right? When you live in violence, you learn very quickly to stay silent. But I don't have to do that anymore," said Moses. "I'm very, very proud to be here. Om really gave me a gift — he gave me the gift of being able to speak out. I now have the freedom to be able to say whatever it is that I can to help survivors."

Moses is a board member of the Utah Domestic Violence Coalition, a certified midwife and a homicide survivor — she is also a mother.

Moses' 16-year-old son Om Moses Gandhi was murdered by Moses' ex-husband on the day before Mother's Day last year. Ghandi's death came after a lengthy court battle and countless court hearings regarding child custody. Moses filed for divorce from her ex-husband Parth Gandhi in 2009 but the divorce was not finalized until 2014 due to the ongoing battle. Moses filed for protective orders against Gandhi in 2009 and 2011, court records state.

In January 2022, Gandhi was awarded full custody of Om, according to a temporary order issued in 3rd District Court. Ghandi's custody of Om marked a failure of the system to recognize "a long history of documented abusive behaviors," said Moses. Now, eight months after her son's death, she is asking the Utah Legislature to pass HB272, Child Custody Amendments, or "Om's Law."

The bill would:

• Elevate child safety as the first priority of custody and parenting, asking courts to consider first all safety risks.
• Limit expert testimony in family court to qualified and credentialed professionals.
• Implement guidance and limits on family court use of reunification treatment. Any court-ordered reunification treatment must demonstrate proof of safety, effectiveness and therapeutic value.
• Increase child abuse training for family court personnel, including more evidence-based training to recognize trauma, psychological control and other signs of abuse when domestic violence is a factor.

"I think the legal system has been used as a weapon. And that's really, really tragic. I've met a number of mothers who have been locked in custody battles for longer than a decade, and that is simply inappropriate. Safe parents and children are the ones who are experiencing the pitfalls of parental alienation and Utah's family court system. The courts have failed to consider why kids refuse contact with their parent," said bill sponsor Sen. Mike McKell, R-Spanish Fork, an attorney by trade.

An increase in services calls for increased funding

Other legislative priorities outlined by the Utah Domestic Violence Coalition during its advocacy day on the hill included increased budget requests for the lethality assessment protocol and one-time funding to support the Strangulation Forensic Exam Reimbursement Program.

Last year, the Utah Legislature passed a law mandating all law enforcement agencies be trained on and perform the lethality assessment protocol. The assessment is an evaluation intended to predict the likelihood of serious injuries or death. The assessment is an easy and effective method to identify victims of domestic violence who are at the highest risk of being seriously injured or killed by their intimate partners.

Since SB117 passed in 2023, there has been an 86% increase in referrals to service providers statewide, straining providers who are asking for $1 million in ongoing victim services provider staffing to ensure crisis response is staffed 24/7 statewide, and $1 million in one-time domestic violence provider reimbursement.

"We know domestic violence continues to impact certain areas more than others, specifically rural areas. But every single program is seeing the rising numbers of referrals from law enforcement and it's incredibly challenging to meet the needs of everyone in the manner that they deserve," said Amber Paaso, Victim Assistance Center director at YCC Family Crisis Center in Ogden. "Those of us who work in urban areas deal with a large volume of victims and are often overloaded. But our partners in the rural and tribal areas are really out there on their own, and are up, and are absolutely the only option for those living in those areas."

Advocates in their funding requests also asked for support for additional affordable housing.

"The biggest obstacle that our clients seem to face over and over and over, when we talk to clients in our community, is housing. How can you leave when you have nowhere to go? Our crisis shelters are often step one in the journey to overcome homelessness due to domestic violence. And while it provides immediate relief, we all know it's not always a long-term," said Adam Gaus, executive director of Friends Against Family Violence.

The Utah Office of Homeless Services has placed a budget request for $25 million for deeply affordable housing and then an additional $5 million for attainable housing.

"We'd appreciate your support for the governor's budget. It does have a lot of money in there for shelter. I wish we didn't have to have more shelter because we had a lot of housing. But until we have housing, unfortunately, we're going to need some additional shelter," added Wayne Niederhauser, state homeless coordinator.

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