Written evidence (CFA0098)

HOUSE OF LORDS CHILDREN AND FAMILIES ACT 2014 SELECT COMMITTEE INQURY

*I wish for this submission to remain anonymous due to the personal details shared*

1.    I would like to specifically address this question:

•        How has the presumption of the involvement of both parents in the life of the child after family separation affected proceedings?

2.    In efforts to support a family member with the goal of reaching an agreement on contact that protects her and her child from ongoing abuse from an ex partner legal advice has been sought from 4 separate solicitors. I was absolutely astonished to hear legal professionals effectively say that the matter of the ex partner’s domestic abuse would not be a significant consideration should the matter go to family court. In the same breath as saying domestic abuse matters they advised that only if the ex partner had directly abused the child and if this can be evidenced would it really affect the outcome and the likelihood was a 50:50 arrangement if the abuse evidenced was that towards the adult victim. There seemed to be no consideration of the likely future impact on a child of having substantial unsupervised contact with a person prone to abusive behaviours nor any consideration of the ongoing abuse the adult victim is likely to continue to suffer by having to retain substantial contact with the abuser. Reading further into other people’s experiences and hearing directly from individuals, I have come across so many stories of people who have been forced by the family justice system to allow their abusers to have substantial, often 50:50 shared arrangements with children. I now fear that this family member is likely to undergo further trauma should they formally engage with the family justice system and will not have their abuse taken seriously and neither they or their child will be adequately protected.

3.    Whilst the Domestic Violence bill now takes into account coercive control and post separation abuse the family justice system and officials are seriously lagging behind and appear to have little understanding of:
1.    What constitutes domestic abuse and the serious impact it has on the victim and children in the family
2.    The high likelihood that the abuser will negatively impact the child
3.     The covert and insidious nature of some domestic abuse - carried out over time by a perpetrator who appears pleasant and calm on the surface
4.    The long term impact for the child of witnessing abuse and the impact of abuse on the adult victim
5.    The way the abuser will use the child and matters of contact as a means to continue their abuse of the victim post separation, keeping them trapped and controlled for years

4.    The current presumption of the involvement of both parents in the life of the child after family separation (and the typical default to 50:50) is not fit for purpose as it does not sufficiently take into account domestic abuse and post separation abuse, particularly coercive control and emotional abuse and manipulation. The presumption as it stands seems to imply that it is right and safe for a child to have involvement of both parents in their life (often equating to equal time) regardless of whether one of those parents has committed domestic abuse. If an adult has emotionally abused and coerced another adult the presumption that they will not apply any sort of emotional abuse or coercion when it comes to a child is deeply flawed.  Coercive control, emotional manipulation, physical violence and gaslighting does not bode well for the abuser’s ability to be an empathic, loving, and supportive parent. If someone abuses their adult partner, why would we think a child who is smaller and more vulnerable would be safe with that person? Shared custody may be ideal where parents have historically shown equal dedication and caring with their children and there is no history of abusive behaviours either to each other or to the child. Shared custody is unsafe where there is a history of domestic abuse. 

5.    There needs to be a serious review of how domestic abuse is taken into account in the family justice system and reconsideration of how best to protect the child, and the abused partner, from further abuse. All forms of domestic abuse and the impact of abuse on adult victims and on children needs to be far better understood by all those involved in writing and enacting legislation. There is more research available now and this should be utilised in reviewing and updating the act. The voices of victims of abuse and their children must be taken into account in this review.

6.    Right now the family justice system claims to put the child’s interests and rights first when it comes to separation and contact. However, in reality, it seems parental rights, including those of an abusive person, trump child safety and wellbeing. 

May 2022