Auto Amazon Links: No products found. Blocked by captcha.
Becky, a pseudonym used to protect her identity, endured years of abuse in her marriage before finally seeing a glimmer of relief when her ex-husband was convicted and imprisoned for raping her twice. However, her distress was far from over. Merely three days after his sentencing, Becky found herself once again facing her abuser in family court, fighting to prevent him from having any parental access to their children. Her experience reflects that of many parents who must battle against abusive partners to block them from maintaining contact with their kids.
Central to this ongoing struggle is a legal doctrine that was added to the 1989 Children Act in 2014, which creates a presumption that it is in a child’s best interest for both parents to be involved in their upbringing. Unfortunately, this “Presumption of Parental Involvement” remains in effect even if one parent has been convicted of domestic abuse. Although the Ministry of Justice has announced plans to repeal this assumption later this year, Becky argues that survivors of abuse whose offenders have been convicted should never be subjected to confronting their abusers in family courts to begin with.
Determined to bring about change, Becky is now advocating for a law that would automatically strip parental responsibility from abusers upon conviction. She described the painful delay she endured while a judge took months to rule against her ex-husband’s parental contact. “I don’t think any victim should have to go through that. The parental responsibility should be taken away automatically,” she said. Despite leaving her abusive marriage in 2018 after eight years, financial challenges forced her and her children to return to the marital home temporarily. Her ex-husband’s violent assaults in 2019 were only charged three years later, and it took two more years before he was found guilty and sentenced.
The relentless court battles have taken an immense toll on Becky and her children. Even after her ex-husband began serving his sentence, he was initially allowed visitation rights in prison, a decision upheld by the Court of Appeal after Becky challenged it. She then endured nearly a year of exhausting hearings to limit his parental rights. Calling this ordeal “horrific,” Becky insists the guilty verdict should have put an end to the stress and trauma. The government is working to address issues raised by cases like Becky’s: a 2020 Harm Panel report concluded that permitting child contact in domestic abuse situations can be “entirely inappropriate.” The Ministry of Justice’s pending reform aims to remove the default presumption, allowing courts instead to base decisions solely on the child’s safety and welfare, although the exact timeline for these changes remains unclear.
Domestic abuse organizations have long criticized the family court system’s tendency to prioritize parental contact despite the risks. Research by Women’s Aid highlights tragic cases where children suffered fatal harm because of contact arrangements sanctioned by courts. Isabella Lowenthall-Isaacs, a policy manager at Women’s Aid, described the decision to repeal the presumption as “tragically overdue” but welcomed it nonetheless. She emphasized the enormous damage caused and the need for further reforms to prevent convicted abusers from automatically gaining parental contact rights.
Looking ahead, Becky is focusing on healing alongside her children, while encouraging survivors of domestic abuse to persevere. “My message to other survivors of domestic abuse, who are in the position I was in, is to keep fighting and don’t give up,” she said. A spokesperson for the Ministry of Justice acknowledged the bravery of victims who come forward and reaffirmed the government’s commitment to protecting children and survivors from further harm. Although victims can currently petition courts to restrict an offender’s parental responsibility, family courts are mandated to make decisions prioritizing the child’s best interests
Read the full article from The BBC here: Read More
Auto Amazon Links: No products found. Blocked by captcha.