Abuse upon abuse: cross examination in the family justice system

A pledge in the Queen’s Speech to end the cross examination of domestic abuse victims by their alleged perpetrators must happen soon, Jonathan Herring writes in NLJ .

Herring recalls the case of Re A (A Minor (Fact Finding: Unrepresented Party) [2017] EWHC 1195 (fam), in which a Pakistani mother refused to return to her violent and controlling husband. Although Mr Justice Hayden put as many protections in place as possible, including video link and letting the mother keep her head turned away, he had to allow the father to cross examine the mother. Hayden J concluded that the process was ‘in itself, abusive. For my part, I am simply not prepared to hear a case in this way again. I cannot regard it as consistent with my judicial oath and my responsibility to ensure fairness between the parties’ (see ‘Abuse upon abuse?’).