Family court guidance aimed at protecting children from violent parents during custody disputes and designed to improve the treatment of abuse victims has been introduced in England and Wales.
Until now, family courts have operated on the presumption that both parents should be granted “contact at all costs”. The changes, set out in Practice Direction 12J, requires judges to consider whether that presumption should apply when handling cases where domestic violence has been identified and urges them to prioritise risk of harm in making their judgement.
Domestic violence campaigners have described the measures as ‘life-saving’ and Women's Aid has called for judges to have compulsory training to implement the guidance effectively.
According to figures reported by the charity, 20 children have been killed by parents perpetrating domestic abuse and that, in most of these cases, court orders required access between the child and the abusive parent to be granted.
This is going to have a significant impact for some. For example, where a victim has escaped domestic violence, they then often have to face the perpetrator in court, and be compelled to send their children for contact potentially placing them at risk. These new guidelines will now mean the Court is duty bound to consider the potential risk of harm to the children more closely than before, and balance up the need for contact versus their safety.
However, if it is to be successful, guidance and training will be vital for the judiciary and agencies involved in children matters before the Court, so that a different approach is used when making decisions in contact disputes.
If you need help and advice regarding children matters, please contact a member of our family law team on 01733 888888.
