Watchdog criticises family courts’ handling of domestic abuse
Watchdog criticises family courts’ handling of domestic abuse The Guardian
sdgtalks
The Family Courts and the Safety of Children: A Report on Domestic Abuse
A report has highlighted that the family courts are jeopardizing the safety of children by inadequately addressing domestic abuse. The report, released by the domestic abuse commissioner for England and Wales, Nicole Jacobs, calls for urgent reforms in the family justice system to prevent the retraumatization of victims, minimize abuse, and prioritize the voice of the child.
Urgent Reforms Needed
Jacobs urges the government to eliminate means testing for legal aid for all victims of domestic abuse and allocate funding to ensure that every survivor has access to a specialized domestic abuse support worker.
According to Jacobs, “I have heard from hundreds of victims and survivors. They tell me how they have been retraumatized by private family law children proceedings and left fearing for their children’s safety.”
Concerns and Survey Findings
The report draws on a survey of 138 legal practitioners, in which 80% expressed concerns that the family courts tend to retraumatize individuals who have experienced domestic abuse.
In addition to the survey, the report incorporates correspondence received by the commissioner, as well as interviews and roundtables with individuals who have firsthand experience with the family courts and have been subjected to domestic abuse.
Unsafe Contact Orders and Parental Alienation
The findings of the report highlight concerns regarding unsafe contact orders in private law children’s proceedings, particularly when allegations of “parental alienation” are made.
The term “parental alienation” refers to the unwarranted rejection of a parent by a child due to manipulation by the other parent. The report emphasizes that the use of counter-allegations of parental alienation in response to claims of domestic abuse has a chilling effect on parents’ ability to disclose abuse and ensure safe contact arrangements for their children.
Jacobs states that victims and survivors of abuse feel that these counter-allegations are taken more seriously than allegations of domestic abuse. She emphasizes the need for a child-centered approach and a comprehensive understanding of domestic abuse before considering the concept of alienation.
Exploring Children’s Perspectives
According to Jacobs, the courts should delve deeper into the reasons why children may resist or refuse contact. She emphasizes the importance of looking at the situation through their eyes and understanding that parental alienation may not always be the cause.
While Jacobs believes that the term “parental alienation” is unnecessary, she acknowledges that the courts should investigate cases where a child is being manipulated. She notes that turning family members, including children, against a victim of abuse is a tactic employed by some perpetrators as part of a pattern of abuse.
Progress and Recommendations
The government’s 2020 Harm panel report also identified failures within the system. Although some reforms are underway, such as a pilot program in north Wales and Dorset that prioritizes the child’s well-being and encourages information sharing among agencies, Jacobs emphasizes the need for urgent acceleration of progress.
The Harm panel recommended the launch of a monitoring initiative in three courts in England and Wales later this year. The commissioner’s office has secured funding for this project, which aims to determine the data that should be collected by the family courts on a national level.
SDGs, Targets, and Indicators
-
SDG 5: Gender Equality
- Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
- Indicator: The article discusses the failure of family courts to effectively deal with domestic abuse, which is a form of violence against women and girls.
-
SDG 16: Peace, Justice, and Strong Institutions
- Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children.
- Indicator: The article highlights the retraumatization of victims of domestic abuse in family courts, which can be seen as a form of violence against children.
Table: SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation. | The article discusses the failure of family courts to effectively deal with domestic abuse, which is a form of violence against women and girls. |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children. | The article highlights the retraumatization of victims of domestic abuse in family courts, which can be seen as a form of violence against children. |
Behold! This splendid article springs forth from the wellspring of knowledge, shaped by a wondrous proprietary AI technology that delved into a vast ocean of data, illuminating the path towards the Sustainable Development Goals. Remember that all rights are reserved by SDG Investors LLC, empowering us to champion progress together.
Source: theguardian.com
Join us, as fellow seekers of change, on a transformative journey at https://sdgtalks.ai/welcome, where you can become a member and actively contribute to shaping a brighter future.
