Family Justice System: Domestic Abuse and Safeguarding Debate
Full Debate: Read Full DebateAlison Hume
Main Page: Alison Hume (Labour - Scarborough and Whitby)Department Debates - View all Alison Hume's debates with the Ministry of Justice
(3 weeks, 3 days ago)
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Alison Hume (Scarborough and Whitby) (Lab)
It is a pleasure to serve under your chairship, Ms Furniss. I congratulate the hon. Member for Wokingham (Clive Jones) on securing this important debate and on his excellent opening speech.
There are countless amazing organisations across the country that support victims of domestic abuse. I pay tribute to Independent Domestic Abuse Services, the largest specialist charity in Yorkshire, which does sterling work to support my constituents in Scarborough and Whitby.
It is clear that our family justice system needs urgent reform to ensure that children are at the heart of proceedings. That was made incredibly clear to me earlier this week when I chaired a roundtable with charities, legal professionals and women with lived experience about improving outcomes for children in domestic abuse cases. Everyone on the panel agreed that children’s voices are lost in the system.
One of the many inspirational speakers was Julia Margo, co-founder of the charity Fair Hearing. After experiencing the unimaginable—discovering that her partner, the father of her two children, was a convicted child sex offender—her ordeal was continued by the family court system, as her ex-partner claimed legal aid and took her to court 37 times over the next eight years to demand access to their children. About the process, she said:
“The lawyers, magistrates and judges seemed to look on me as a hysteric, whose claims of trauma were exaggerated…The courts were more worried about ‘parental alienation’—that I should turn our sons against their father—than about two little boys being left alone with a paedophile.”
Since being elected to Parliament, I have been motivated by a brave constituent to work on reforming the family courts so that abusive partners cannot claim parental alienation to undermine and silence survivors and influence child contact arrangements. In recent years, there has been a rise in the use of experts to “prove” alienation—a pseudoscientific concept with no basis in law or medicine. A perpetrator of abuse will allege that a child’s refusal of contact or reluctance towards it is due to the survivor parent alienating the child from them. That has led to survivors having their children removed from them, which is against the interests of the child and the mother.
The non-profit Right to Equality conducted a large-scale survey of mothers whose children were removed from their care in private law proceedings. The survey reveals concerning patterns around child removal, including the role of parental alienation allegations, limited fact finding on abuse and the influence of expert recommendations. In total, the 217 mothers had 342 children removed from their care. That is clearly not in the best interests of those children and is deeply traumatic for the mothers.
I welcome the fact that the Government are rolling out child-focused courts nationally, which will put children at the centre of proceedings and will resolve cases more quickly, saving children months of trauma. Repealing the presumption of parental involvement—a long-overdue correction to a pro-contact culture that has failed to put children first—is a brilliant step forward. However, there is still a gap in legislation that risks the wellbeing of children in private family law proceedings. It simply does not address the question of what happens when a child resists or refuses contact with a party against whom abuse is alleged. What evidential weight does the court give to the child’s response?
I am currently drafting an amendment to the Courts and Tribunals Bill that aims to stop counter-allegations of alienation being used to undermine or distract from reports of domestic abuse. It would ensure that the child’s evidence has the weight that it deserves. It would ensure that a child’s resistance towards an abusive parent is treated not as evidence of manipulation, but as evidence of harm. When a child is reluctant or refuses to spend time with a person against whom allegations of domestic abuse have been made, it should be regarded as reasonable and justified. As the Government move forward with putting children at the heart of the family justice system, will the Minister commit to working with Parliament on changes to ensure that a child’s resistance to contact with an abusive parent is treated as credible evidence of harm and not of manipulation?