Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what support the Government is giving to families in the Family Court who have suffered abuse by non-resident parents.

The Government is committed to ensuring that victims of domestic abuse, including children, are properly supported in the Family Courts. This is regardless of whether the abusive parent is resident or non-resident at the time of the case.

Family Courts have a range of tools available to support and protect victims of domestic abuse. The court must assume that the ability of victims of domestic abuse to participate in family proceedings is diminished by vulnerability, and as such can make special measures available to support them in court. Special measures are designed to ensure victims are fully supported throughout proceedings and can include giving evidence by video link or from behind a screen or using separate waiting areas or separate entrances and exits. Additionally, a victim of domestic abuse cannot be cross-examined by their abuser in family proceedings. The court can appoint a qualified legal representative to undertake the cross-examination

To further support victims, court procedures, set out in Practice Directions, make it clear that Independent Domestic Violence Advisers (IDVAs), who provide practical, emotional or moral support, can accompany parties in proceedings.

Where Family Court proceedings would risk causing harm to parents or children the court can make an order to prevent a person from making further applications without permission of the court, such as a civil restraint order or, in relation to proceedings under the Children Act 1989, an order under section 91(14) of that Act.

Legal aid is also available for private family matters such as child arrangements, financial remedy proceedings and divorce if an individual is a victim of domestic abuse or at risk of being abused. Legal aid is also available for individuals in some private family orders, such as prohibited steps orders, if the child subject to the order is a victim of child abuse or at risk of abuse. Funding is subject to providing evidence of abuse and passing the means and merits test.