Reforming Family Law

An interim committee is addressing long overdue changes to child custody policies

There are a number of interim legislative committees that have been meeting throughout the summer and fall. (You can find a full list at Idaho Insider.) Being only one person, I’ve had to prioritize my time, and have spent most of it following the DOGE Task Force, which will meet at least once more before next year’s legislative session.

Another important interim committee is the Child Custody & Domestic Relations Task Force, co-chaired by Rep. Heather Scott and Sen. Tammy Nichols. This committee has been meeting each month in a different Idaho location to hear testimony from families with experience in the family court system.

This is an area where policies must be crafted very carefully, lest the law be used for destructive purposes. We’ve all read with horror stories of children facing terrible abuse at the hands of relatives or strangers, cases where authorities should have intervened sooner. On the other hand, we remember the story of Baby Cyrus, taken from his family based on what appeared to many as flimsy evidence and possible political motivation.

The system must be designed to protect children while also safeguarding parental rights. It becomes even more complicated, of course, when a mother and father are fighting over custody.

A parent’s bond with his or her child is one of the most important in society and should not be tread upon lightly. One of my most controversial opinions—and one I’ve held for more than a quarter century—is that no matter your views on Cuba, communism, or President Clinton, Elián González belonged with his father, not as a political pawn in Miami.

Sen. Nichols recently posted a Substack article regarding the current status of the task force, which I republished at the Chronicle with permission:

Our goal has been to review current laws to determine if they are working as intended, if they are being applied as the legislature intended, and if they meet the needs of Idaho families. We will also be evaluating whether certain laws are outdated, ineffective, or missing key provisions. Our next meeting will be public, but will not include any testimony. It will be used for the committee to go over the information we have heard and deliberate on solutions through legislation.

I look forward to covering the next meeting on Monday, November 10, at the Capitol. It should produce concrete plans for legislation to reform the system. In the meantime, the committee is taking feedback from families who have been impacted by family court proceedings:

In addition to public testimony, we are gathering feedback through a survey for individuals who have gone through, or are currently going through, family court or child custody proceedings. This survey is designed to help us identify patterns and gather important information that will guide our work. The survey can be accessed here.

The committee has already heard testimony from many individuals whose experiences with Idaho’s family law system have not been positive. All government policies should be continually reviewed to ensure they still serve their original purpose—and serve the people of our state—especially when they have such a profound impact on families.

Families are the bedrock of society. Government has a responsibility to protect children from dangerous situations, but also to refrain from laying the heavy hand of regulation on areas outside its proper sphere. I’m glad this committee was formed to address such an important issue and look forward to hearing its recommendations next month.