Two articles were released by the BBC earlier this month titled ‘Children forced into contact with fathers accused of abuse’ https://www.bbc.co.uk/news/uk-66531409 , and Family courts: ‘We kidnapped our kids from abusive dads and fled the UK’ https://www.bbc.co.uk/news/uk-66534732. Furthermore, the programme ‘Mums on the run: Failed By the Family Court’ was also aired https://www.bbc.co.uk/programmes/p0g7gsly.
Following a report, the Government brought in Reforms in 2020 to give survivors of domestic abuse and their children greater protection within the court. For example, more victims to receive special protections in court and stronger powers for judges to prevent abusers repeatedly making further applications to the family court by issuing barring orders. ‘The family court and domestic abuse: achieving cultural change report’ can be read here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1170580/E02809106_-_Family_Court_Report_TEXT_V04.pdf
In the cases considered by the BBC in their article, allegations of parental alienation were raised by the alleged perpetrator against the other parent. Often these accusations were made where allegations of domestic abuse are denied, stating that one parent had turned the child against the other. Parental alienation is an evolving concept with no single definition. The Children and Family Court Advisory Support Service (CAFCASS) use the term ‘alienating behaviours to describe circumstances where there is an ongoing pattern of negative attitudes, beliefs and behaviours of one parent (or carer) that have the potential or expressed intent to undermine or obstruct the child’s relationship with the other parent.’ It is then down to the court to determine what allegations have any merit and also whether they are relevant to the proceedings to be determined.
Lucy Hadley, Head of Policy at Women’s Aid, gave a comment in response to the BBC’s articles which can be read here: https://www.womensaid.org.uk/womens-aid-comment-on-family-courts-after-bbc-investigation/ .
Throughout the three publications by the BBC the focus is on the father as the perpetrator and the mother as the victim, however it should be noted that this is not always the case.
If you require advice on any of the above family matters then please contact the team at AWD Law on 01329 232314 to book your initial free half hour consultation.
The information contained in this article is correct at the time of publishing (22/09/2023).
Recent Comments