‘Contact’ at all costs? The new protocol that must be applied by all Judges and family law practitioners in relation to Child Arrangements Orders where there is an allegation of Domestic Violence or Domestic Abuse.
Domestic Abuse whether it be against men, women, or children is, according to the President of the Family Division, Sir James Munby, ‘a scourge on our Society,’ and yet it continues to be a common theme within family law proceedings more than 40 years after the enactment of legislation designed to tackle it.
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A report prepared by Women’s Aid ’19 Child Homicides: What must change so that children are put first in child arrangements and the family court,’ contains some extremely distressing accounts of domestic abuse in the context of court ordered child arrangements. In the cases of at least 12 children (in seven families) of the 19 killed, contact with the perpetrator (the father) was arranged through the family courts. An All-Party Parliamentary Group of Domestic Violence Parliamentary Briefing, led to a review by Mr Justice Cobb of the guidance the court has to follow when domestic abuse is an issue. It was identified that changes were needed to make the Practice Direction and its implementation more robust. Those changes come into force today.
The key changes to the new Practice Direction 12J are as follows:
The Government are planning to implement legislation banning the direct cross examination of a victim by an alleged perpetrator of domestic abuse. Further adjustment will be required to Practice Direction 12J as and when the proposed legislation is passed.
If you are victim of domestic abuse Legal Aid maybe available for you for advice or to be represented in proceedings involving arrangements for Children. Legal Aid is not available for everyone as it is means tested, so you will need to be assessed to see if you are financially eligible. If you are eligible, Legal Aid is not always free and you may have to pay a contribution towards your Legal Aid.
For more details please contact our family team in Newcastle or South Shields by email to louise.law@davidgray.co.uk or 0191 232 9547.
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