Arizona State Representative Lisa Fink (R-AZ) has a message for families navigating the court system right now: a new law designed to protect domestic violence victims and their children applies to your case, even if it was filed before the law took effect.
Fink stepped forward this week to clarify the scope of the Alec and Lydia Act, legislation she sponsored that was signed into law and took effect immediately on June 22 through an emergency clause.
The law makes the safety and well-being of children and domestic violence victims the highest priority in custody and parenting time decisions, and Fink says some families are being incorrectly told the protections don't apply to them.
"I have heard from Arizonans who were told that the Alec and Lydia Act applies only to cases filed after it became law," Fink said. "That is not how the law was written, and it is not what the Legislature intended… Families do not lose these protections simply because their case began before June 22."
The law passed with strong bipartisan support after Fink heard from families whose evidence of domestic violence was not being given adequate weight in family court.
Priorities for Fink
Among its most significant provisions, the act establishes a legal presumption that awarding custody to a parent who committed domestic violence is contrary to a child's best interests.
It also prohibits courts from requiring victims to prove that abuse was sufficiently severe before protective restrictions can be imposed, and requires judges to produce detailed written findings when domestic violence is alleged.
Fink was also careful to note that the law's reach extends beyond physical abuse.
"Children can be profoundly harmed by coercive control, emotional abuse, intimidation and post-separation abuse, even when no physical assault occurs," she said. "The Alec and Lydia Act is intended to protect their physical, mental and emotional well-being before that harm becomes irreversible."
There are limits to the law's application; it does not reopen closed cases or automatically change existing final orders.
However, it does apply when custody or parenting time is currently before the court, including in temporary order proceedings and requests to modify existing arrangements.
Fink encouraged Arizonans with questions about how the law applies to their specific situation to consult a qualified family law attorney.
