Majority of family court cases in England and Wales feature domestic abuse, watchdog says | Domestic violence
One watchdog has revealed that almost 90 per cent of cases in family courts in England and Wales show evidence of domestic violence.
Physical, psychological or sexual abuse against a family member or household member was uncovered in 87% of cases, according to the review ordered by domestic abuse commissioner Nicole Jacobs.
She said abuse is often not recognized as an “active problem” or taken seriously in terms of the type of contact children have with the abusive parent. Unsupervised overnight contact was ordered in more than half of the cases examined.
“No child should be forced to spend time with an abusive parent or caregiver if circumstances are unsafe for them,” Jacobs said. “But we see again and again how pro-contact culture and outdated views on domestic violence contribute to decisions that endanger children.
“It is clear that domestic abuse can no longer be seen as a side issue of the family justice system, but rather as an everyday issue that requires a harsh response.”
Academics from Loughborough University examined 298 files from three courts and watched nearly 100 hearings. The report noted that in addition to finding evidence of abuse in the case files, the team also heard allegations of abuse in 73% of the hearings observed.
Survivors have repeatedly told how they were discouraged from coming forward with allegations of domestic violence because of the suggestion that it would have “no impact” on whether the abusive parent would be contacted. Others said they felt pressured to accept potentially unsafe child arrangements orders for fear of an even worse outcome if they objected.
Jacobs said survivors are forced to navigate the complex system without representation. He called on the Department of Justice to introduce multi-service Pathfinder courts to resolve issues between parents sooner and place greater emphasis on hearing children’s voices.
“The government should also provide the necessary investment to expand the pilot study being conducted by my office to allow for strict oversight over the changes being made and ensure accountability within the family court,” he added. “Fixing the corners will no longer be enough.”
The report highlights outdated views on domestic violence among some lawyers, how physical violence is taken more seriously, while coercive and controlling behavior that often underlies physical abuse and is a crime in itself is often dismissed.
A. Women’s Aid report This summer it detailed how 19 children were killed over nine years by adults who were allowed to contact them despite their history of violence.
In March, MPs debated the presumption of parental involvement and heard from Claire Throssell, whose two sons, Jack and Paul, were killed by their abusive father during court-ordered unsupervised contact.
On Tuesday, Wiltshire Police Chief Superintendent Catherine Roper apologized after an employee’s failure to properly handle applications under Clare’s law, which allows people to find out if their partner has a history of violence or domestic violence, put women at risk of violence, including one who was the victim of an attempted murder.
