- Mandate Independent Oversight in Family Court Cases Involving Coercive Control and DA
- By Sarah Taylor Petition Starter
- Change.org
- 06/05/2025 Make a Comment
- Contributed by: Daveyone ( 10 articles in 2025 )
Please sign: chng.it/7xYdLtJSTK via @UKChange
The Issue
As a survivor of domestic abuse and post-separation abuse, I have experienced firsthand the traumatic journey through the family court processes. The struggle to be heard and to be believed, was overwhelming. The aftermath left me with PTSD, panic attack disorder, depression, anxiety, insomnia and a mountain of legal debt that forced me into food banks after leaving my career and job due to the pressure. It also effected my childrens wellbeing for years after.
Frequently, in family court, legislation is not followed, so evidence of domestic abuse does not even get into the court arena. Domestic abuse is belittled, ignored and often met with pseudo-science counter allegations of parental alienation, and the consequences of this is that children are removed from their safe parent and given to their abusive parent. Good, loving, safe parents are punished and called liars and allegations makers. Unsafe contact will be given where the legislation is not followed correctly and this can and does result in domestic homicides and or suicides of mothers, children and fathers. It destroys lives for a lifetime. This cannot go on.
We need mandatory independent oversight in all cases involving coercive control and domestic abuse within family courts. This oversight should come from specialists in family law, that are experts in coercive control. In addition, another specification for this role should be that these professionals are either survivors themselves (experts by experience), or are accademics in domestic abuse or have worked in the DA services to ensure they are familiar with what coercive control looks like in reality and practical terms. They will be a mixture of survivors and professional's in DA. These specialist professionals will be trained further for the role, and will ensure that Practice Direction 12J (PD12J) and other relevant legislation is followed correctly.
These professionals should oversee the work of CAFCASS (Children and Family Court Advisory Support Service), Social Services and the courts themselves. They will ensure evidence is collected and a decision made on whether domestic abuse is a concern before the first dispute resolution hearing, and they should become involved in the cases as soon as court papers are served.
Furthermore, these independent overseers should have rights of audience and they should have powers to make applications for Section 91(14) orders under the Children Act (1989) (ammended by DAA 2021) which will prevent all cases of domestic abuse from ever entering the family court and unnecessary applications being made in the future. These cases will be thrown out before the first hearing when DA is recognised by this new overseeing body of experts and there will be no further family court intervention. DA victims do not belong in a family court, and should not enter negotiations with perpetrators. Victims and their children should be offered support and kept together safely.
Where coercive control is found there should be a duty on the new organisation to notify and send evidence to the police for potential criminal prosecution under the Serious Crimes Act (2015). This may act as a deterrent from post separation abuse and hold the perpetrator to account.
The introduction of such measures would significantly improve cases involving coercive control or domestic abuse – ensuring survivors' voices are heard clearly from the start, facts and evidence established, while protecting them and their children, ensuring they avoid being drawn into unnecessary family law courts and related processes.
Let us stand together against domestic violence; let us fight for justice within our family courts; let us protect survivors by implementing these necessary changes now. Please sign this petition today.
As a survivor of domestic abuse and post-separation abuse, I have experienced firsthand the traumatic journey through the family court processes. The struggle to be heard and to be believed, was overwhelming. The aftermath left me with PTSD, panic attack disorder, depression, anxiety, insomnia and a mountain of legal debt that forced me into food banks after leaving my career and job due to the pressure. It also effected my childrens wellbeing for years after.
Frequently, in family court, legislation is not followed, so evidence of domestic abuse does not even get into the court arena. Domestic abuse is belittled, ignored and often met with pseudo-science counter allegations of parental alienation, and the consequences of this is that children are removed from their safe parent and given to their abusive parent. Good, loving, safe parents are punished and called liars and allegations makers. Unsafe contact will be given where the legislation is not followed correctly and this can and does result in domestic homicides and or suicides of mothers, children and fathers. It destroys lives for a lifetime. This cannot go on.
We need mandatory independent oversight in all cases involving coercive control and domestic abuse within family courts. This oversight should come from specialists in family law, that are experts in coercive control. In addition, another specification for this role should be that these professionals are either survivors themselves (experts by experience), or are accademics in domestic abuse or have worked in the DA services to ensure they are familiar with what coercive control looks like in reality and practical terms. They will be a mixture of survivors and professional's in DA. These specialist professionals will be trained further for the role, and will ensure that Practice Direction 12J (PD12J) and other relevant legislation is followed correctly.
These professionals should oversee the work of CAFCASS (Children and Family Court Advisory Support Service), Social Services and the courts themselves. They will ensure evidence is collected and a decision made on whether domestic abuse is a concern before the first dispute resolution hearing, and they should become involved in the cases as soon as court papers are served.
Furthermore, these independent overseers should have rights of audience and they should have powers to make applications for Section 91(14) orders under the Children Act (1989) (ammended by DAA 2021) which will prevent all cases of domestic abuse from ever entering the family court and unnecessary applications being made in the future. These cases will be thrown out before the first hearing when DA is recognised by this new overseeing body of experts and there will be no further family court intervention. DA victims do not belong in a family court, and should not enter negotiations with perpetrators. Victims and their children should be offered support and kept together safely.
Where coercive control is found there should be a duty on the new organisation to notify and send evidence to the police for potential criminal prosecution under the Serious Crimes Act (2015). This may act as a deterrent from post separation abuse and hold the perpetrator to account.
The introduction of such measures would significantly improve cases involving coercive control or domestic abuse – ensuring survivors' voices are heard clearly from the start, facts and evidence established, while protecting them and their children, ensuring they avoid being drawn into unnecessary family law courts and related processes.
Let us stand together against domestic violence; let us fight for justice within our family courts; let us protect survivors by implementing these necessary changes now. Please sign this petition today.
Source: https://www.change.org/p/mandate-independent-oversight-in-family-court-cases-involving-coercive-control-and-da?recruiter=1333779248&recruited_by_id=1331e640-de3e-11ee-8d77-c1ac901a4d36&utm_source=shar
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