Written by Lynne Cumming, Director of Operations, FLAG DV – a charity providing free, impartial family law advice and support to victim-survivors of domestic abuse in the Thames Valley and Hampshire.
The Domestic Abuse Commissioner’s latest report, Every Day Business, confirms what we at FLAG DV see every single day, domestic abuse is not a rare or occasional feature in the family courts, it is an everyday reality.
“The report says domestic abuse is an everyday occurrence within the family justice system, with evidence of abuse within 73% of hearings it observed and in 87% of the case files it reviewed.
However, despite this prevalence, the report says domestic abuse was frequently not recognised as an ‘active issue’ or taken seriously.”
As a charity that works daily alongside victim-survivors, we see time and time again the impact that an ill-equipped judicial system has on survivors and their children.
We see, first-hand, domestic abuse not being taken into consideration, or worse, being told that it is not present.
We see people struggling with the devastating effects of judges’ decisions to grant access, or even custody, to an abusive parent.
We see people told that coercive control is “not there” because professionals in the court setting do not recognise the tiny jigsaw puzzle pieces that may look ‘insignificant’ in isolation, but which, when connected, form the bigger picture of coercive control and abuse.
We see the profound effect on the children, who by law are also victims of domestic abuse, who are often desperately trying to tell the courts and professionals that domestic abuse and
control are having a hugely detrimental impact on their lives.
“The report explores how survivors are dissuaded from raising allegations of domestic abuse due to the suggestion that it would have ‘no impact’ on whether the abusive parent would be granted contact. Others said they felt pressured into accepting potentially unsafe child arrangement orders out of fear that if they contested, an even worse outcome would be granted. A ‘pro-contact culture and dismissive attitudes towards victim-survivors’ are contributing to decisions that may be putting children’s safety at significant risk,” said Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, calling for urgent action to better protect adult and child victims.
We see people who cannot access legal aid, either because they don’t have the “right” kind of proof of domestic abuse, or because they don’t pass the means test, forced to represent themselves. We see the terrifying impact this has, as survivors are left to face their abuser in court without support. Others are bankrupt, or close to bankruptcy, because of the cost of legal advice or representation.
“Outdated and ‘antiquated’ views amongst some legal professionals were also a concern, with coercive and controlling behaviour frequently dismissed,” the report found, leaving survivors “feeling unheard, unsupported, and unprotected.”
Change is urgently needed to start protecting those who have suffered the catastrophic and debilitating effects of domestic abuse. There must be a much greater understanding of what domestic abuse looks like and how coercive control is present in every single case, because you cannot have domestic abuse without control. It simply does not exist.
There must be more access to effective special measures. There must be awareness of trauma and what trauma-informed practice truly looks like and there must be a cultural shift within the family courts, one that prioritises safety and protection over process and perception.
“It’s clear that domestic abuse can no longer be considered a side issue within the family justice system but instead its everyday business that demands a rigorous response.”
With the UK Government having set an ambitious target to halve violence against women and girls within a decade, urgent reform is essential if the family justice system is to play its
part. The Commissioner has urged ministers to publish the long-awaited VAWG strategy so that this vital work can begin.
At FLAG DV, we witness the human cost of inaction every day, the fear, trauma,exhaustion, and the resilience of those who continue to fight for their own protection and that
of their children.
It’s time for the family courts to truly listen to survivors, to children, and to the growing evidence that domestic abuse is everyday business. The system must now act like it.
A Call to Action
At FLAG DV, we stand ready to work with policymakers, legal professionals, and frontline services to build a family justice system that truly protects survivors and their children.
If you are a professional working within the family court system, or someone with influence over policy and reform, we urge you to read ‘Every Day Business’ and consider what role you
can play in driving this essential change.
Together, we can ensure that the family courts become a place of safety, not another arena of harm.
Everyday-Business-full-report-web
