Nearly 90% of child arrangements cases found to involve domestic abuse
New research has revealed that domestic abuse is raised in the vast majority of Family Court cases concerning disputes between parents over arrangements for their children.
The research, carried out by academics at Loughborough University on behalf of the Domestic Abuse Commissioner, involved reviewing 298 files in child arrangements cases from three family courts. Researchers examined closed case files, and also observed hearings in a sample of cases.
The review found that domestic abuse was raised as an issue in 87% of the closed case files, and in 73% of the observed cases.
As to the types of domestic abuse involved in the cases where abuse was raised, 76% of cases mentioned psychological or emotional abuse, 56% physical abuse, 35% coercive and controlling behaviour, 32% violent or threatening behaviour, 20% economic/financial abuse, and 14% sexual abuse. However, the majority of cases in which domestic abuse was raised (57%) included mention of two or three types of domestic abuse.
But despite the prevalence of domestic abuse being raised, it did not have a bearing upon the outcome of all of those cases. Whilst the existence of domestic abuse was seen in 73% of the hearings observed, it was only considered to be relevant to determining child arrangements in 42% of hearings.
The results of the research are contained in a report published by the Commissioner. The report exposes some of the shortcomings in the way that the courts deal with the issue of domestic abuse, including:
- The pro-contact culture – The researchers found that the view among most judges and magistrates was that contact for children with both parents should happen, except in very rare cases. This attitude is no doubt fuelled by the presumption built into the law that the involvement of a parent in a child’s life will further the child’s welfare, unless the contrary is shown.
- ‘Adversarialism’ – The adversarial nature of the court process was found to favour the stronger party, who would often be the perpetrator of the abuse.
- Resource limitations – The research found that the lack of court and associated resources was creating pressures to dispose of cases as quickly as possible.
- The minimisation of abuse – Survivors of abuse told researchers that abuse was often minimised by courts, by reframing it as ‘minor’, ‘historical’, ‘mutual’, ‘parental conflict’, or a combination of these.
- Silencing of children’s voices – Lastly, researchers found that the courts were not giving sufficient weight to the wishes and feelings of the children involved in the cases.
The report states that as a result of these shortcomings, courts are making orders that are unsafe, unsustainable, and harmful to both victims of abuse and the children involved.
Commenting upon the report, Domestic Abuse Commissioner, Dame Nicole Jacobs, said:
“For too long now the Family Court has failed to adequately rise to the challenge of recognising domestic abuse within its proceedings and take sufficient steps to address the serious impact this is having on adult and child victims.
“No child should be forced to spend time with an abusive parent or caregiver if the circumstances aren’t safe for them to do so. But time and time again we see how the pro-contact culture and antiquated views on domestic abuse are contributing to decisions that put children in harm’s way. This must stop.”
“It’s clear that domestic abuse can no longer be considered a side issue within the family justice system but instead its everyday business that demands a rigorous response.
“To better protect survivors and deliver the reform promised, ministers must commit to a fully funded national roll out of Pathfinder Courts and the removal of the presumption of parental contact to ensure decisions are taken in the best interest of children.
“The government must also provide the necessary investment to extend the pilot study conducted by my office, to allow for rigorous oversight on the changes being made and ensure accountability from within the Family Court. Tinkering around the edges will no longer suffice.”
You can find the full report here, and an executive summary, here.
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