Domestic Abuse & Children: Two Stories from Family Life
Domestic abuse and coercive control is something that we deal with on a regular basis here at LGFL. This week, a new Cafcass policy and a shocking court case have put domestic abuse involving children firmly in our minds again.
According to the latest ONS statistics:
“2.1 million people aged 16 years and over (1.4 million women and 751,000 men) experienced domestic abuse in the year ending March 2023.”
Notice that the stats don’t mention children. As the gov website states:
“Abusive behaviour directed at a person under 16 would be dealt with as child abuse rather than domestic abuse.”
The tragic case of 15-year-old Holly Newton, murdered by her jealous 16-year-old ex-boyfriend, suggests that this age limit may be outdated. Quoted in The Guardian, Holly’s mother Micala Trussler said:
“Coercive control comes under domestic abuse and because Holly was 15, we’re not allowed to call it that. It just goes down as knife crime, but obviously it was so much more than that … It is a massive part of it and it’s definitely something that people need to hear.”
Darren Davies, head of the police investigation team, suggested that teenage relationships had changed too:
“They are somuch more involved in each other’s lives these days. Their relationships are way more meaningful and intense.”
Domestic abuse in divorce and separation
In cases of domestic abuse, Cafcass is the organisation that sends advisors to assess the situation, and then informs family courts about the welfare and best interests of the children. According to a 2020 report, a policy of “contact at all costs” has continually placed both children and adult victims of abuse at risk.
As a result, Cafcass launched a national improvement programme, drawing on experiences from across the range of people affected by domestic abuse. The Domestic Abuse Practice Policy is the result.
All their Family Court Advisers (FCAs) and Children’s Guardians must follow it to protect both child and adult victims of domestic abuse in two key areas:
1) Reporting in their own words
Cafcass FCAs and Children’s Guardians will use the words the victims use to describe their experiences, and not include phrases such as ‘alleges’ or ‘claims’. This leaves the court to decide on the facts.
2) Time spent with an abusive parent
The default is that a child should not spend time with a parent who is:
- Being investigated for a sexual offence
- Being investigated by the police for a sexual offence
- Who has a conviction for a sexual offence and/or
- Who has served a prison sentence for violent and sexual offences
The Policy recognises that contact poses “significant risk of harm and the risk of further harm to the child victim, as well as the impact on the adult victim of the abuse”. So, FCAs and Children’s Guardians must produce a “compelling”argument if any contact time is suggested with a parent when domestic abuse has been found, reported or is being investigated.
Commenting on the new Policy, Cafcass Chief Executive, Jacky Tiotto said:
“When the advice put to the court doesn’t get the balance right between the right of a child to have both parents in their lives and the risk of harm from that contact, when it doesn’t protect a child, when it isn’t in their best interests and when it puts their protective adult and carers in harm’s way, the consequences can be devastating … The new policy that we are publishing today is a very significant step to further improve the way, together as a system, we protect child and adult victims of domestic abuse.”
Abuse is never acceptable
If you are experiencing domestic violence, the time to act is NOW.
- Call 999 and if possible, get yourself and your children to a place of safety.
- Call the National Domestic Violence Helpline 0808 200 0247 (women) or the Mankind confidential helpline 01823 334244 (men).
- Once you’re safe, contact us for professional legal advice on how to proceed.