Domestic abuse: What do we do now?

Julia Nelson and Hannah Whitehouse examine the effects of the Court of Appeal’s guidance in Re H-N on domestic abuse cases The lack of direction from the Court of Appeal as to how cases should be pleased has left those in the family justice system grappling for a way forward that is Re H-N compliant …
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Domestic Abuse: Safety first

Claire Molyneux and Louise Spalding recap developments to date regarding further protection for victims of domestic abuse within children proceedings ‘Children’s experiences of domestic abuse and its impact on them should always be fully considered by the family court judiciary with an acknowledgement that post-separation abuse is commonly experienced by non-abusive parents.’ When Theresa May …
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Contact And Domestic Abuse: Seeking clarity

Toby Hales examines whether recent developments are an erosion of the guidance in Re L on contact and domestic abuse ‘Applicants, frequently at first hearings, may insist that allegations have been invented as a deliberate ploy to frustrate contact, and invite the court to make an interim determination of contact.’ Practitioners of private children law …
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Contact: Opening doors

Catherine Morgan discusses the options when faced with difficulties maintaining contact ‘As practitioners are well aware, the resounding message from case law is that unless contact would be damaging to the child, it should go ahead. It is unfortunately the case though that contact can suffer when the relationship between the child’s parents breaks down.’It …
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Domestic Abuse: Assessing impact

Jane Wilson highlights the developing practice in children cases where there is a risk of domestic violence and harm ‘Domestic violence involves a very serious and significant failure in parenting – failure to protect the child’s carer and failure to protect the child emotionally (and in some cases physically – which meets any definition of …
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