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DOMESTIC ABUSE: Safety first

11 August 2017  

Claire Molyneux and Louise Spalding recap developments to date regarding further protection for victims of domestic abuse within children proceedings

When Theresa May called the general election, the government abandoned the Prisons and Courts Bill, which had included draft provisions preventing cross-examination of victims by the alleged perpetrators of domestic violence in private child law proceedings. Uncertainty followed about when, or indeed if, the provisions would be reintroduced. The Queen’s Speech on 21 June 2017 brought clarity. Alongside the Great Repeal Bill, and a plethora of ancillary legislation proposed to realise the UK’s withdrawal from the EU, there was confirmation that the provisions relating to cross-examination of victims by alleged perpetrators of domestic violence will now feature in a pared-down draft ‘Courts Bill’. Also announced was a draft Domestic Violence and Abuse Act (DVAA), which will be introduced during the current Parliamentary session.

Additional Info

  • Case(s) Referenced:

    Re A (A child) [2015] EWCA Civ 486

    Re CB (International Relocation: Domestic Abuse: Child Arrangements) [2017] EWFC 39

    Re L (Contact: Domestic Violence); Re V (Contact: Domestic Violence); Re M (Contact: Domestic Violence); Re H (Contact: Domestic Violence) [2000] EWCA Civ 194

    Re M (Contact: Welfare Test) [1995] 1 FLR 274

    Re V (A Child) (Inadequate reasons for findings of fact) [2015] EWCA Civ 274

Last modified on 11 August 2017