In the past there has been a presumption that a father must have contact with a child even where there has been evidence of domestic abuse. Senior judges are now taking steps to try and end this as it could put the child or mother at risk.
Mr Justice Cobb announced that the presumption in the family court that there should be “contact at all costs” with both parents would be removed. He said it should be excluded in domestic violence cases where involvement of a parent in a child’s life would place the child or other parent at risk of harm.
He also stated that judges should be more alert to how violent men could use the access within the courts to assault their former partners. He considered that the courts could consider alternate waiting arrangements for the former couples and different arrangements for entering and leaving the building.
It has been identified by the organisation Women’s Aid that unfortunately 19 children have been killed in the last 10 years by their violent fathers after Judges have allowed contact with the violent fathers.
Cobb announced that changes need to be made in order to protect women and children and believes that training on domestic violence should be imposed on the judiciary. He said: “It is indeed most disturbing to note that for at least 12 children [in seven families], of the 19 children killed … contact with the perpetrator [the father] was arranged through the family courts.
Cobb also called for an end to the cross-examination of domestic violence victims by alleged perpetrators in court hearings. This issue was mentioned in our earlier article in January.
Again the family courts have been compared to the criminal courts where they have separate waiting rooms for witnesses and victims.
Please do not hesitate to contact Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621 if you seek any advice around domestic violence or other family matters.
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