The family law system is failing to protect victims of domestic abuse and is compromising the safety of children

Mothers who have actively attempted to remove themselves and their children from abusive relationships are not supported in protecting their children.

Following on from the Parliamentary debate in September 2016, in which it was highlighted that victims of abuse are frequently disbelieved by every agency, it was stated that the Government and judiciary have to listen and act.

There have officially been 49 child deaths so far. Based on the stories shared among mothers through support groups, surveys and research conducted by various groups, there will be more.

Mothers and children are suffering horrendous grief and emotional pain directly from the actions of court professionals and their decisions, and the continuing abuse, including physical and sexual abuse of the children during contact with the father. No-one should have to endure such in a civilised country.

We are working to demand these changes:

Recording of all meetings to be mandatory

including telephone calls. Reports by Cafcass often contain incorrect information. Many reports are disputed and disadvantage the children whose views are often not accurately or evidenced clearly.

Training in domestic abuse

Cafcass (and all court professionals) to be educated in the dynamics of domestic abuse and violence including coercive control; cases are treated as 'high conflict' instead of as domestic abuse, implying the perpetrator is not to blame for his behaviour and it is a relationship problem.

Family Court professionals expect to see evidence of domestic abuse, if there is none, they assume mothers are vindictive, lying and/or deluded, building a case based on this unfounded belief. Only 35% of domestic violence incidents are reported, mainly due to fear of reprisals.

No presumption of contact

The Cafcass practice of encouraging contact 'at any cost' to be viewed as a safeguarding breach. This also applies to other court professionals including Social Services, lawyers and Judges.

End the use of gagging orders and silencing

Promote transparency in the Family Court by ceasing the frequency of gagging orders and silencing effect of threats of change of residence or cutting of all contact if already changed. Complaints to Cafcass are used as 'evidence' that a mother is hostile.

Maternal bond and maternal alienation

Acknowledge the special bond between mother and child developed during pregnancy and birth. In most cases the mother knows their child well, has made many sacrifices and devoted their lives towards their child's well-being. There appears to be a drive to remove children from their mothers lives, and often the father will wage a campaign of alienation of the mother.

Legal aid to be reinstated

How can any ordinary person be expected to defend against highly trained professionals skilled in tactics the everyday person will not understand and while suffering from PTSD, anxiety and deep fear of the perpetrator?

False allegations of parental alienation

Acknowledge that the use of 'Parental Alienation Syndrome' is widespread through the system in conjunction with a culture of victim blaming and this to end. Often not openly named in the court system as it has been extensively proven to be a 'junk' theory and a dangerous practice due to the 'Catch 22' element. Sometimes named as 'Implacably Hostile' or just 'parental alienation'. This leads to bizarre and unscientific allegations about the mother, from all professionals, in particular 'expert' witnesses, often chosen by the father’s solicitor or cafcass/social services.

Threat therapy

Acknowledge the use of 'threat therapy'/'realignment therapy' on children as being dangerous and abusive. It is not recommended or endorsed by the British Psychological Society.

Children’s voices are non-existent

This must change. Many children are genuinely in fear of their controlling and manipulating fathers who are causing emotional harm to the children, however, the authorities are blaming the mother, with the agenda to force unsafe contact or change residency.

Statistics

Approx 40,000 new cases of private law in 2017

Domestic abuse an issue in at least 70% of cases in the family courts

'Currently only a tiny proportion of these (less than 1%) of contact to the applicant parent refused.' Meaning a potential of 28,000 children forced into unsafe contact or change of residence.

'It is estimated that only 35% of domestic violence incidents are reported to the police'

Mothers are unable to protect their children. This results in trauma and life-long damage, and detrimental effects on health especially mental/emotional health. All protective parents and their children should be heard and understood ‘in the language of domestic abuse’ and its dynamics

*The Children and Family Court Advisory and Support Service (Cafcass) is a non-departmental public body in England [1] set up to promote the welfare of children and families involved in family court. It was formed in April 2001 under the provisions of the Criminal Justice and Court Services Act 2000 and is accountable to Parliament through the Ministry of Justice. Cafcass is independent of the courts, social services, education, health authorities and all similar agencies