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Competing statutory provisions

Legislation should provide that where statutory provisions conflict 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 in 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).