‘Courts not following law and procedure in domestic violence child contact cases’
Unsupervised contact routinely given to abusive fathers, says Rights of Women
A research report recently published by Rights of Women and CWASU – Picking up the pieces – explores the experiences of women and legal professionals in London of the law, policy and practice in child contact proceedings involving women and their violent ex-partners.
Rights of Women says that the research reveals negative experiences of the family justice system's response to domestic violence. These include failures by the courts to investigate allegations of domestic violence, the tendency of courts and other professionals to minimise the known harm domestic violence can have on children and a trend of court approved contact with violent fathers that is unsafe for children and their mothers.
The report found that:
- Despite histories of violence, children refusing contact or expressing terror and distress, unsupervised contact was found to be routinely ordered to abusive fathers.
- 74% of women interviewed said they had concerns for their safety while attending court
- 52% of women interviewed had represented themselves in court proceedings at some stage
- All women interviewed experienced ongoing violence and abuse post-separation
- Most women wanted their child(ren) to have a relationship with the father, despite the violence they had experienced but wanted to ensure that any contact would be would be physically and emotionally safe for them and their children
- 79% of legal professionals reported that regaining power and control was a primary motivation behind applications for child contact by perpetrators of violence
- Only 10% of legal professionals said that judges fully complied with the judicial guidance for dealing with child contact cases where domestic violence is an issue
- 90% of women identified some degree of impoverishment as a result of the legal proceedings, commonly because they were unable to work. Some were prevented from finding work and some had to give up their jobs.
- 45% of women experienced violence after the making of a contact order, most commonly threats and harassment.
The report makes the following recommendations:
- There must be a robust and statutory framework in place within the family justice system which ensures the early identification and effective response to women and children's experiences of domestic violence.
- Judges, solicitors, barristers, CAFCASS officers and mediators must receive compulsory, specialist training on domestic violence and its impacts on women and children's lives.
- Courts must seek risk assessments from specialist domestic violence organisations before making a decision about contact.
- Adequate and appropriate safeguards should be put in place to enable women to voice their concerns about their and their children's safety.
- Special facilities that mirror those available in criminal proceedings must be introduced in civil proceedings to prevent victim-survivors of domestic violence from having to face perpetrators in court and protect victim/survivors from direct cross-examination by their perpetrators and contact with them inside court buildings.
- The Government must monitor the impact of the Legal Aid Sentencing and Punishment of Offenders Act 2012 on the representation of parties in private Children Act proceedings, including disaggregating data about applicants and respondents by gender and status.
- The Ministry of Justice must collect and record data on:
o the presence and extent of domestic violence (rather than allegations of harm) in private family law proceedings;
o whether or not finding of fact hearings are held where there are allegations of domestic violence;
o reasons for not holding finding of fact hearings where there are allegations of domestic violence.
- Following the recommendation of the Family Justice Review, there must be judicial continuity in child contact cases.
- CAFCASS must review the decision to revoke their Domestic Violence Toolkit.
- CAFCASS must have an effective complaints process and a clear and transparent process for requesting a change of CAFCASS officer.
- The Government must take into account the recommendations of the Family Justice Review and the wealth of evidence on child contact proceedings and domestic violence, and reconsider proposals to introduce a legislative presumption that both parents should be involved in children's lives.
- The number and geographical availability of specialist supervised contact centres/provision must be increased to address ongoing risks.
- The Government must urgently review the decision to restrict legal aid in family law cases.
The full report can be accessed here.