Contact hearings failing over domestic abuse: research
Domestic abuse allegations, and convictions of parents who have perpetrated abuse, are not being adequately considered by Scottish courts during child contact hearings, a new study has found.
A research team based at the Universities of Glasgow and Edinburgh Napier discovered that family lawyers are heavily reliant on their clients telling them about ongoing or past domestic abuse, as there is no formal mechanism for them to be informed about criminal proceedings. Lawyers who were surveyed also showed "a worrying lack of awareness" on how domestic abuse affects children.
Commissioned by the Scottish Government, their report, Domestic Abuse and Child Contact: The Interface Between Criminal and Civil Proceedings, sets out 12 recommendations including compulsory enhanced training for all sheriffs, judges and legal practitioners working in the civil system on domestic abuse, coercive control and the impact on children’s lives.
It also calls for:
- "robust mechanisms" to ensure the early identification by the court of any other proceedings, or any concerns, relating to domestic abuse in child contact cases, with a more coordinated approach across the ciivil and criminal justice systems;
- cases involving such allegations to be flagged on family court databases;
- information to be put before the court in pleadings, child welfare hearings and proofs;
- national level guidance about what constitutes supervised and supported contact, and how to ensure child and parent safety during such arrangements;
- "specific deliberation" as to why contact is in the child's interests where a parent has been found to be abusive, along with specialist risk assessments; and
- funding of further research on how the law operates, including the treatment of domestic abuse in the context of child welfare hearings.
Child contact proceedings should also pay greater attention to facilitating the child’s right to express their views and have those views considered by the court.
The report was co-authored by Professor Michele Burman, Dr Ruth Friskney and Professor Jane Mair, based at the University of Glasgow, along with Professor Richard Whitecross of Edinburgh Napier University.
Professor Whitecross commented: "While we have made important steps forward in terms of how we respond to domestic abuse, particularly in policy and criminal proceedings, little attention has been given to how it impacts on civil law proceedings like child contact orders.
"These hearings are important for the overall wellbeing and safety of the child, and so it is concerning to find that those involved in the decision making around child contact don’t always have a full picture of what’s been going on in these families' lives.
"Finding out a parent has been convicted of domestic abuse by chance or from a client, rather than through official channels, means there’s a risk of partial or inaccurate information being conveyed which can fundamentally change the outcome of a case and compromise the child’s safety."
Professor Burman added: "During our interviews we saw limited awareness from lawyers of domestic abuse and its effect on children, with most equating it with physical violence, rather than all the other forms it can take.
"This lack of understanding around harm may mean the child at the centre of these contact orders is placed at risk by subsequent ill-informed decision making."