Family Courts: Domestic Violence

Baroness Burt of Solihull Excerpts

Tuesday 21st May 2019 Lords Chamber

[Lord Keen of Elie]

I am not able to identify the link that the noble Baroness refers to. We have full confidence in our family courts system and in the ability of our circuit and district judges to discharge their functions objectively and without regard to issues of gender. In order to do that in cases of the kind that we have discussed, they will always be guided by the requirement for the interests of the child to be paramount.

[Baroness Burt of Solihull (LD)]

My Lords, perhaps I may ask about the Minister’s announcement of the setting up of an expert panel. Children are often victims too, whether the damage inflicted is physical or psychological. I am worried about the fundamental presumption of the family courts that the interest of the child is to have contact with both parents, sometimes even when abuse of the parent with care is proven or alleged. However, this is tricky territory, because parental alienation can enable one parent to use the children as a weapon. Will the review, called for by 123 colleagues in the other place, work alongside the panel or is it not needed now because we have the panel?

[Lord Keen of Elie]

My Lords, the intention is that the expert panel should meet in June, that it should report in a very short period and that we should then be guided by its findings. That will inform us more fully as to the evidential position that should properly be considered. I emphasise that the paramount consideration in these matters is always the interests of the child. The Children Act 1989 rightly places the child’s welfare as the paramount consideration, and there is no absolute right for any parent to have contact with a child.