2014 Delaware Code
Title 13 - Domestic Relations
CHAPTER 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT
Subchapter I Child Protection From Domestic Violence Act
§ 708A. Visitation

Notwithstanding the other provisions of this title, in all cases in which the court finds by a preponderance of the evidence that 1 of the child's parents has committed an act of domestic violence against the child, against the other parent or against any other person living in the child's household the court shall determine a schedule, location and conditions for visitation that best protects the child and the victim of domestic violence from further violence.

69 Del. Laws, c. 309, § 4; 76 Del. Laws, c. 174, § 3.;

§ 709A Modification of orders.

Notwithstanding other provisions of this title:

(1) An order concerning visitation may be modified at any time if necessary to protect the safety of the child or the child's parent in light of acts of domestic violence that have occurred since the entry of the most recent visitation order.

(2) A custody order may be modified at any time if a parent who has sole or joint custody has committed acts of domestic violence since the entry of the most recent custody order.

(3) In determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent's attempt at self-protection or protection of the child from acts of domestic violence committed since the entry of the court's most recent custody or visitation order.

69 Del. Laws, c. 309, § 4; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 174, § 3.;

§ 710A Sexual abuse.

Repealed by 76 Del. Laws, c. 174, § 5, effective July 31, 2007.;

§ 711A Ordered mediation prohibited.

Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation proceeding in which 1 of the parties has been found by a court, whether in that proceeding or in some other proceeding, to have committed an act of domestic violence against the other party or if either party has been ordered to stay away or have no contact with the other party, unless a victim of domestic violence who is represented by counsel requests such mediation.

69 Del. Laws, c. 309, § 4; 76 Del. Laws, c. 174, § 3.;