domestic abuse – Law Journals

Costs: Out of the ordinary

Harry White discusses the court’s approach in domestic abuse cases to the costs arising from a contact centre in facilitating contact between the perpetrator of the abuse and the child There must be a very strong presumption against a victim of domestic abuse paying for the costs of contact and if, wholly exceptionally, the court …

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Evidence: More than meets the eye

Stuart Barlow highlights considerations in cases involving the prohibition of cross-examination by litigants in person While the appointment of a qualified legal representative will reduce some of the trauma of direct questioning by the perpetrator, the perpetrator could still frame the questions and it may be difficult for a lawyer in that role to determine …

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Cross-examination: As good as it gets?

David Wilkinson explores the prohibition of cross-examination in person in family proceedings provisions and asks if they are fit for purpose It is foreseeable that a qualified legal representative may need to make certain applications in family proceedings in order to discharge fully their professional obligations regarding effective cross-examination. The practicalities of this do not …

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Private children: Caution, not haste

Hannah Currie and Savannah Davies analyse the Court of Appeal decision in K v K as to the correct approach to fact-finding hearings in private children proceedings Although allegations of domestic abuse should not be taken lightly and should always be fully considered, the court must remain mindful of the issues at hand and aim …

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Law reform: Lessons to be learnt

Beth Duffy outlines the provisions of the pilot for private children proceedings and the potential for improvements to the current process The pilot places a focus upon the consideration of alternative dispute resolution methods and makes specific reference to mediation as an opportunity for families to work in a positive and constructive way to resolve …

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Evidence: In all honesty

Holly Cook and Jacob Quested Khan consider protection from self-incrimination in private law children proceedings In all areas of law where the welfare and safety of a child is considered, the need to be honest with the court is an essential and key part of the long-established ‘working together’ principles. In F v M [2021], …

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Private children: Broadening the scope

Zoë Fleetwood reviews revised guidance from the Court of Appeal as to when an order restricting further applications may be made, reflecting changes in societal norms The forensic landscape has changed out of all recognition, such as the advent of smart phones, social media and the almost universal use of email as a means of …

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Domestic abuse: Drawing a line

Vikkie Chetcuti examines the meaning of associated person in the Family Law Act 1996 and the extent to which the courts may adopt a purposive approach to interpreting statutory language The structure of FLA 1996 indicates that Parliament was prepared to include certain step-relationships in respect of relationships of lineal descent but decided not to …

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Domestic abuse: Protection at a distance

Gemma Sparks analyses the lasting legacy of lockdown on domestic abuse cases and the practical impact on the family justice system For victims of domestic abuse, the special measures introduced as a result of Covid-19 overall work well: they don’t have to travel to court, they don’t have to be in the same space as …

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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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