Coercive control and children’s welfare in Re H-N and Others – Family Law

‘When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These “private law orders” can form part of a consent order, as in Re B-B. Others, are made under Sections 8(1)(a)-(b) and 9 of the Children Act 1989 specifying powers, amongst other things, to decide with whom a child is to live and when a child is to have contact. In 2019-2020, around 22,000 such applications were made involving some allegation of domestic abuse by one adult against another (para 3) with instances of domestic abuse rising because of Covid-19 (ONS, 2020). Consequently, the question of how allegations of abuse within family proceedings remains an urgent matter of concern. However, despite increasing recognition of coercive control as being central to understanding domestic abuse, it remains less well understood in the context of proceedings related to the future care of children. As explained by the Harm Panel in its Report: the approach to such allegations is “implemented inconsistently” and is “not effective” in its principal purpose of protecting victims (Harm Panel (2020) 7.1).’

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Family Law, 7th May 2021

Source: www.familylaw.co.uk

New Acts – legislation.gov.uk

2021 c. 14 – Forensic Science Regulator Act 2021

2021 c. 11 – Counter-Terrorism and Sentencing Act 2021

2021 c. 25 – National Security and Investment Act 2021

Overseas Operations (Service Personnel and Veterans) Act 2021

2021 c. 17 – Domestic Abuse Act 2021

Source: www.legislation.gov.uk

Landmark Domestic Abuse Bill receives Royal Assent  – Home Office

‘The Bill provides protection to millions of people who experience domestic abuse and strengthens measures to tackle perpetrators.’

Full press release

Home Office, 29th April 2021

Source: www.gov.uk/home-office

Dropping of stalkers’ register from bill an ‘insult to victims’ – The Guardian

‘Ministers have been accused of misleading and insulting victims after a push by a cross-party group of peers to create an automatic register of dangerous domestic abusers and stalkers was dropped.’

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The Guardian, 27th April 2021

Source: www.theguardian.com

Rare appeal allowed over refusal by judge to adjourn final care hearing – Local Government Lawyer

‘A mother’s appeal of a decision by a family judge not to adjourn an imminent final hearing in care proceedings has been allowed in a “rare” case before the Court of Appeal.’

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Local Government Lawyer, 9th April 2021

Source: www.localgovernmentlawyer.co.uk

The Domestic Abuse appeals – a missed opportunity for cultural change? – Transparency Project

‘The Court of Appeal’s judgment highlights the importance of family courts understanding coercive control. The comments made by the Court are important and will give professionals, who have been frustrated about old fashioned attitudes that only take physical violence into account, the tools they need to argue on behalf of the alleged victims they represent. The idea that domestic abuse can only have occurred when physical violence has taken place is entirely outdated; equally a lack of recognition that physical violence is frequently part of a coercive and controlling dynamic is also unacceptable in modern times.’

Full Story

Transparency Project, 2nd April 2021

Source: www.transparencyproject.org.uk

Court of Appeal delivers ruling on family court’s approach to domestic abuse – Law Society’s Gazette

‘The Court of Appeal has handed down judgment in a groundbreaking case that is expected to inform the way family courts treat allegations of domestic abuse and coercive and controlling behaviour.’

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Law Society's Gazette, 30th March 2021

Source: www.lawgazette.co.uk

Stockport man who murdered wife after row over chips jailed for life – The Guardian

Posted March 31st, 2021 in domestic violence, murder, news, sentencing by tracey

‘A husband who strangled his wife after a row about frozen chips, then dumped her dismembered body in a country park, has been jailed for life for murder.’

Full Story

The Guardian, 30th March 2021

Source: www.theguardian.com

Our treatment of the vulnerable – Local Government Lawyer

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

Full Story

Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

Domestic abuse: Women ‘could die in unregulated refuges’ – BBC News

Posted March 26th, 2021 in bills, domestic violence, housing, landlord & tenant, local government, news, women by tracey

‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’

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BBC News, 26th March 2021

Source: www.bbc.co.uk

Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent

Posted March 26th, 2021 in appeals, deceit, defamation, divorce, domestic violence, evidence, media, news by tracey

‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’

Full Story

The Independent, 25th March 2021

Source: www.independent.co.uk

Fatal truth: how the suicide of Alex Reid exposed the hidden death toll of domestic violence – The Guardian

‘Nine months after the outgoing and talented nurse started dating Peter Yeung, she was dead. Her story highlights a shockingly common but overlooked cause of death among women.’

Full Story

The Guardian, 24th March 2021

Source: www.theguardian.com

The Domestic Abuse Bill and its Lack of Support for Migrant Women – EIN Blog

Posted March 23rd, 2021 in benefits, bills, domestic violence, immigration, news, women by sally

‘Domestic abuse is a pivotal issue within today’s society, and is often not realised to be exacerbated by poor policy and support. After years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final stages before being enshrined in law.’

Full Story

EIN Blog, 22nd March 2021

Source: www.ein.org.uk

Police will be required to record crimes motivated by hostility to women – minister – The Guardian

Posted March 18th, 2021 in bills, domestic violence, hate crime, news, police, violence, women by sally

‘The government is to require police forces to collect data on crimes apparently motivated by hostility towards women, a potentially significant step towards making misogyny a hate crime.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

Holly Roe trial: Father guilty of murdering eight-week-old baby – BBC News

Posted March 18th, 2021 in child abuse, domestic violence, murder, news by sally

‘A father has been convicted of murdering his eight-week-old daughter after a series of violent episodes.’

Full Story

BBC News, 17th March 2021

Source: www.bbc.co.uk

New safety measures after Sarah Everard death – BBC News

‘”Immediate steps” aimed at improving safety for women and girls in England have been announced by Downing Street after Sarah Everard’s death. Among them is an additional £25m for better lighting and CCTV as well as a pilot scheme which would see plain-clothes officers in pubs and clubs.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

Full Story

Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Quarter of women and girls have been abused by a partner, says WHO – The Guardian

Posted March 10th, 2021 in children, domestic violence, news, sexual offences, statistics, women, young persons by sally

‘Largest such study finds domestic violence experienced by one-in-four teenage girls with worst levels faced by women in their 30s.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Domestic abusers to get GPS tags on release from jail in London – The Guardian

‘Domestic abuse offenders who have served a prison sentence will be tagged with a GPS tracking device in London under new a pilot project.’

Full Story

The Guardian, 9th March 2021

Source: www.theguardian.com

Priti Patel orders review into Ruth Williams lockdown killing – BBC News

‘A review into the death of a woman who was killed by her husband has been ordered by the home secretary. Anthony Williams, 70, was jailed for five years after admitting to the manslaughter of his wife Ruth, 67, in south Wales.’

Full Story

BBC News, 7th March 2021

Source: www.bbc.co.uk