Domestic Abuse Victims in Family Law Courts

Debate between Sarah Champion and Kerry McCarthy

Thursday 15th September 2016 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

I pay tribute to my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) for securing this debate and putting on record that story and her campaigning on the issue. It is so necessary that Members understand what is going on. I thank Claire Throssell for bravely being here today and for having the courage to put forward her personal tragedy, which most of us could not endure, so that that can never, ever happen to anybody else. We would be letting her sons down if we did not do that. We will remember Jack and Paul.

It is a simple but awful fact that women bear the brunt of violent crime in England and Wales. Although violent crimes against men are falling, Office for National Statistics figures for England and Wales showed that between 2009 and 2014 violence against women, perpetrated by someone they know, increased rapidly. Alongside this dramatic rise in violence, the services that women rely on to escape violence and abuse are disappearing. Between 2010 and 2012, a third of local authority funding for domestic and sexual violence services was cut, and a third of all referrals to refuges were turned away. It is also true that domestic violence has a higher rate of repeat victimisation than any other crime.

On average, a woman will endure violence 35 times before making her first call to the police. Even once they have sought help and the case is going forward, women are often re-victimised and re-traumatised by the perpetrators during the prosecution process and in the family courts. One particular focus for that repeat victimisation are the fights that ensue between a victim and a perpetrator over contact with their children and the consequences of the decisions made. Sadly, this is something that women in my constituency have suffered first hand, and I am sure I am not alone in that. I shall give just one example out of the many that I could have picked.

A constituent came to me with various issues regarding custody and contact with her child. The father of her child had been extremely abusive, and these behaviours had been perpetuated by the father’s parents. Unfortunately, other legal issues on the part of the mother led to her losing custody of the child, who was placed in the care of the paternal grandparents. The mother was granted contact, but this was at the home of the paternal grandparents, who had both facilitated and taken part in abusive behaviour. The trauma experienced by the mother in order to maintain a relationship with her child was extreme. The judge in this case simply failed to understand or show any appreciation of the dynamics of domestic abuse.

This lack of understanding not only re-victimises survivors, but causes direct harm to the children. The NSPCC reports that 20% of children in the UK have witnessed domestic abuse—exposure that can cause anxiety, developmental delays and learning difficulties. Frequently, domestic abuse and child abuse co-exist. In 2015, SafeLives reported that 62% of children in households where domestic violence is perpetrated are also directly harmed. How can our family courts fail to see the inextricable link between coercive, violent and controlling behaviour perpetrated by men towards women and the threat posed to the safety of children in that family?

[Kerry McCarthy (Bristol East) (Lab)]

Does my hon. Friend agree that there are many cases of domestic violence where the woman, perhaps because she has hopes of the relationship continuing, or perhaps because of intimidation or factors, does not press charges? It is important that family courts nevertheless take those allegations into account. It is not just the cases that proceed to prosecution which should be taken seriously.

[Sarah Champion]

I agree. We need to give victims some of the responsibility for setting the way forward, whereas our court system seems to take everything away from them and to use evidence to penalise them, rather than to support them.

How can family courts knowingly place children directly in harm’s way? That is exactly what is happening. The 2015 Women’s Aid survey of women survivors of domestic abuse who had experience of the family courts found that 76% of respondents reported that the judge granted child contact to the father, even though they knew that the children had witnessed domestic abuse. Even more terrifying, more than 44% of the survivors surveyed reported that the judge granted child contact to the father, when they knew that the children had been directly abused by the father.

Will the Minister confirm to the House that there must not be an automatic assumption of shared parenting in child contact cases where domestic abuse is a feature, but that child contact should be decided on the basis of an informed judgment of what is in the best interests of that child? Furthermore, will the Minister support the Women’s Aid recommendation that judges, staff in the family courts and other front-line staff receive specialist training on the impact of domestic abuse on children?

Finally, it is important in this debate, as it is whenever this House debates violence and abuse, that we consider how to prevent these awful crimes from happening at all. Sadly, once a survivor is forced to seek safety and forced to face her abuser in court, the damage to her and to her children has already been done. Early intervention that supports a child from the earliest possible age to recognise and develop positive and respectful relationships will prevent children from growing up believing that abusive and violent relationships are normal. It will teach boys and girls to respect themselves and others, and teach them that their body is their own and that they must determine their own lives. Does the Minister agree that mandatory, age-appropriate resilience and relationships education in schools is a necessary way to prevent domestic abuse and violence? We ought to try to prevent this horrific crime from ever occurring.