Written evidence (CFA0055)

HOUSE OF LORDS CHILDREN AND FAMILIES ACT 2014 SELECT COMMITTEE INQURY

The presumption of contact represents an opportunity for abusive parents to continue controlling abuse post separation. Parents who had little interest or were abusive to the children prior to separation can claim their rights to contact and instigate family court proceedings trapping non abusive parents and the children into yeas of litigation abuse. Cases drag on for years in the revolving door of the family court, application and allegation often using the bogus parental alienation narrative for any child who dares to express concerns about the abusive parent. The non abusive parent becomes abused not just by their abuser, but by the court and its services. All are recruited under the guise of the presumption of contact which can ultimately result in the non abusive parent losing custody to their abuser, if they fail to force their children to contact (and not just contact, but contact where the children never dare to talk of abuse again even though it may be ongoing).

Abuse is routinely minimised and excused, misogyny is rife and the childs safety and wellbeing ignored in preference to the presumption of contact whatever the cost. Contemporaneous evidence, Police reports, GP reports, witness evidence all set aside in preference to the abusers hearsay parental alienation narrative. The childrens views and feelings totally disregarded or twisted as evidence against them by Cafcass or NYAS, who are so desperate to get contact so they can tick the box of a success with no regard to the damage done to the child. The law enabling a total disregard for the childs real welfare, which is to live free from abuse with the parent they feel safe with. What lesson do you show a child when the law supports the abuser and they are powerless to speak out?

The presumption of contact is responsible for silencing children and for dragging out cases devastating the non abusive parent and the children, depleting them physically, emotionally, socially and financially (as if they hadn’t been through enough already). There is a total lack of understanding about trauma in the outdated adversarial system which favours the skills of an abuser. The law needs to reflect an understanding of trauma and the child needs to feel safe and know that what they say is important. Children that witnessed or experienced abuse should not be silenced or forced to unwanted contact.

The presumption of contact underpins much of the abuse that is regularly carried out by abusers in the family court. The presumption of contact and its use in family law is archaic, shameful and an embarrassment to this country.

April 2022