Legislators promise to change system
ALBANY — Six years after the murder of her 2-year-old daughter, Jacqueline Franchetti is bewildered that the changes to the Family Court system she has been calling for have not addressed what she and other advocates call the system’s longstanding failure to protect children in many instances.
Franchetti’s daughter Kyra was shot by her father in the middle of a contentious custody battle that was unfolding in Nassau County Family Court, where visitation disputes are typically handled in divorce and separation cases. Roy Rumsey, Kyra’s father, had a history of violence and stalking that spurred Franchetti to leave the relationship, which Franchetti said the judge overseeing her case ignored.
The Times Union has previously documented failures in the Family Court system that lead to worst-case outcomes for some children caught in the middle of the contentious and sometimes abusive relationships of their parents.
According to estimates by advocates, 23 children have died at the hands of a parent involved in divorce or separation proceedings since 2016. The most recent homicide occurred this month in Onondaga County.
“Kyra’s Law” seeks to plug the gaps in that system. It would mandate that judges have domestic and child abuse training, require courts to determine whether there has been any abuse before addressing custody rights or child visitation schedules, and make the health and safety of children the top priority.
“We’re not told what happens once we leave an abusive relationship when we have a child with our abuser,” Franchetti said Monday. “Because the abuse will not end. It will get exponentially worse once we enter Family Courts.”
A handful of lawmakers standing
by Franchetti said they believe this is the year the law will pass, including state Sen. Anthony Palumbo, a Republican and former Suffolk County prosecutor who said he had numerous experiences with Family Court cases. Palumbo called the measure “common sense” and pointed to bipartisan backing in both chambers.
Assemblyman Andrew Hevesi, a Queens Democrat, said while the legislation is extremely complicated, his office has been engaged in “good faith negotiations” with the state Office of Court Administration. He added that he believed they would be able to reach a compromise by the end of session. The bill was introduced last year.
“This is not an area where you want to make mistakes,” Hevesi said. One of the Office of Court Administration’s chief concerns is a lack of resources, he added.
Advocates said the legislation would end the longstanding practice of advising parents who are the victims of domestic violence not to reveal their abuse, for fear that it will work against them if a judge takes the allegation as a ploy.
For years, officials have highlighted that Family Court is overburdened and underfunded, with judges sometimes handling dozens of cases per day. But that limits how much personal investigation judges can carry out in cases like Franchetti’s.
Some research shows that court officials also carry bias, frequently disbelieving mothers who claim abuse by fathers.
“These tragedies are caused by the courts’ inability to recognize and appropriately respond to domestic violence and child abuse,” said Joan Gerhardt, policy director for the state’s Coalition Against Domestic Violence.