Fairchild v. Carson

D.C. Court of Appeals - decision pending

In this case DV LEAP is partnering with the Legal Aid Society of D.C., which represents the mother, in an appeal of a trial court’s award of custody to the children’s father who had violently beaten the mother.

The trial court found that the mother’s flight to another state after filing a protection order against the father, was indicative of “bad judgment” and, while finding the father had committed two incidents of violence against the mother, failed to address that behavior in awarding physical custody to the father. 

On appeal, DV LEAP represents several friends of the court in support of the mother’s appeal, and is arguing that the trial court’s failure to consider the domestic violence in awarding custody is reversible error; and that penalizing a mother for fleeing abuse is unconscionable.  Argument has not yet been heard. 

Please click here to read the amicus brief.