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Domestic abuse & the family courts

08 July 2022 / Cris McCurley
Issue: 7986 / Categories: Features , Family , Criminal
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In the first of a two-part series, Cris McCurley examines key changes to the treatment of domestic abuse victims & their children within the family justice system
  • Over the years, a stream of reports, practice directions and inquiries has contributed to constant changes to the courts’ understanding and treatment of victims of domestic abuse and their children.
  • Recent recommendations for change, including substantial financial investment and a more trauma-focused approach, are to be welcomed, but still more work is needed.

The law concerning domestic abuse has been evolving over the last three decades, but the last three years have seen particularly significant changes.

In 2004, Women’s Aid published their report Twenty-nine child homicides: lessons still to be learnt on domestic violence and child protection, which considered the domestic homicide reviews of children murdered either during or as a result of court-ordered or approved contact. It led to the first version of Practice Direction 12J in 2010 under the presidency of the late Sir Nicholas Wall, who had previously

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NEWS
Chronic delays, duplication of work, cancelled hearings and inefficiencies in the family law courts are letting children and victims of domestic abuse down, a Public Accounts Committee (PAC) inquiry has found
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
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