Domestic abuse commissioner criticises antiquated views in family court hearings

Research found evidence of abuse within 73% of hearings and in 87% of the case files they reviewed.

The domestic abuse commissioner, NICOLE JACOBS has criticized “antiquated views” in the courts system which she said are contributing to decisions which put children in harm’s way, highlighting an assumption that parental contact is the right approach even in cases where children have been subject to and have witnessed domestic abuse.

Research by academics Loughborough University instructed by the domestic abuse commissioner found that despite the majority of hearings and case files they reviewed having evidence of abuse, in many of them this issue was not considered when it came to the type of child contact ordered by the court.

Unsupervised overnight contact was ordered in a number of cases, including those where there was evidence of domestic abuse was identified.

Dame Nicole said: “For too long now the Family Court has failed to adequately rise to the challenge of recognizing domestic abuse within its proceedings and take sufficient steps to address the serious impact this is having on adult and child victims. She further states, “It’s clear that domestic abuse can no longer be considered a side issue within the family justice system but instead it’s everyday business that demands a rigorous response.”

The research was based on a study across three family court sites which reviewed almost 300 child arrangement case files, live observations of nearly 100 case hearings, focus groups with domestic abuse survivors and interviews with judges, magistrates and officers from the Children and Family Court Advisory and Support Service (Cafcass).

The commissioner found evidence of abuse within 73% of hearings and in 87% of the case files it reviewed.

The commissioner said abuse survivors had described how they were dissuaded from raising allegations of domestic abuse because of the suggestion it would have little or no impact on whether the abusive parent would be granted contact by the court, while others told how they felt pressured into accepting potentially unsafe child arrangement orders.

This is a common experience for women navigating the family court and fighting to keep their children and themselves safe. There are many women who have approached Women’s McKenzie Friend, having de-instructed solicitors as they feel their narrative, experience and concerns are whitewashed, muddied and in most cases dismissed. The current system is set up to promote contact with abusive fathers. In order to do this the processes, systems and many individuals operating within the accepted norm consistently strive to ensure women are invisible and their concerns minimized. By keeping women silent the family court system encourages the voice of the abuser as legitimate. Women and children who have been truamatized by domestic abuse, post separation abuse and post court abuse have the human right to be safe. The family courts need to change.

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