In a landmark case, the Court of Appeal heard from lawyers how the family court should treat allegations of domestic abuse. The appeal court’s ruling is likely to have far-reaching implications
Solicitors and others involved in the family justice system were given a rare opportunity last month to tell the Court of Appeal how the family court should treat allegations of domestic abuse, and coercive and controlling behaviour.
The open question was part of a groundbreaking case centred on four linked appeals, brought by mothers, related to family law proceedings involving the welfare of children.
The last time the appeal court was asked to give general guidance on the approach to domestic abuse in child contact cases was more than two decades ago. Practice Direction 12J was subsequently issued, setting out what the family court is required to do in cases where it is alleged or admitted that the child or a party has experienced domestic abuse perpetrated by another party or that the
“In this appeal, as in other cases, the real question is not limited to what happened, but whether those events were abuse themselves and/or whether there is sufficient evidence of patterns of behaviour which is demonstrative of an abusive relationship,” Hames told appeal judges Sir Andrew McFarlane, Lady King and Lord Holroyde in a written case outline.
Hames said Tolson had commented that incidents of note were “insignificant in themselves” and ignored that victims of abuse do not always recognise themselves as victims and as a result may not report abuse to the authorities.
On behalf of the respondent, barrister Janet Bazley QC highlighted “extravagant claims” made by the mother including that the father had a personality disorder and that one of his older children was a risk to their child.