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Competing statutory provisions

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.

(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))