Concerns for child welfare in abuse cases

THERE are “significant problems” in the family courts when it comes to cases involving domestic abuse, the Victims’ Commissioner has warned.

Dame Vera Baird said she shares “very real concerns” about a presumption set out in law, which promotes the continuing involvement of both parents in their children’s lives after separation, when it is applied in domestic abuse cases.

It requires courts to presume that involvement of both parents will benefit the child’s welfare, unless there is evidence suggesting this could put the child at risk of harm.

A review into the presumption is currently under way following recommendations from an expert panel, set up by the Government to look at how the family courts identify and respond to allegations of domestic abuse.

Dame Vera said she is concerned it may be leading to a “misplaced emphasis” on the involvement of a perpetrator of domestic abuse in their child’s life, above the welfare of the child.

She told a conference organised by the NSPCC: “I share the very real concerns arising from this presumption, particularly where separation is as a result of an abusive relationship.

“It can appear that the presumption of shared parenting puts a misplaced emphasis on the child’s right to a relationship with a parent, and the abusive parent’s right to family life, over and above the child’s welfare.”

Instead, there should be a judgment “based on the needs and wellbeing of the individual child”, Dame Vera said.

An amendment to the Domestic Abuse Bill recognising children as victims of domestic abuse when they live in a household where it occurs could “dislodge the infallibility” of this principle, she added.