Women’s equality in the UK – A health check

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frequently women’s accounts of violence were not believed or deemed not relevant to child
contact. With the UK Government’s removal of legal aid for most women in April 2013, (See
Appendix: 28) the difficulties faced by women in the family justice system will be compounded
and this is likely to result in unsafe contact arrangements. Many women often find themselves
re-victimised by their ex-partners, and more shamefully, by the court system itself. The systems
in place harbour prejudice against mothers who have experienced abuse and are trying to
protect their children. (See Appendix: 30)
Recommendations:
• There must be a robust statutory framework in place within the family justice
system which ensures the early identification and effective response to women
and children’s experience of domestic violence, setting out respective roles and
responsibilities of all key professionals in the system
• Judges, solicitors, barristers, CAFCASS officers and mediators must receive
compulsory, specialist training on domestic violence and its impact on women and
children’s lives
Co-operative Parenting Bill
After leaving abusive relationships thousands of women in the UK assume they have finally freed
themselves from domestic abuse. Those with children often put their faith in the family courts
for help with organising residency and contact. However, the unacceptable inequality in the
family courts manifests in the support of the abuser as he continues his abuse through the legal
system. 30 A key conclusion from the Family Justice Review 2011 was that “family justice does not
operate as a coherent, managed system. In fact, in many ways, it is not a system at all”. 31
The Government’s proposed legislation involving co-operative parenting (previously known
as Joint Custody or Shared Residency/Parenting) as detailed in the Children and Families Bill 32
will therefore have massive negative implications for children and their non-abusing parents.
Women are already being forced to agree to shared parenting arrangements even when
they feel it is unsafe for their children and themselves. This is because they are threatened
that if they do not concede their children will be taken from them and the abusing parent
given residence. This practise is widespread in the Family Courts at present, even before any
legislative statements regarding co-operative parenting have been written in to Law. (See
Appendix: 30 for further information)
Recommendations:
• Post-separation abuse training should be compulsory and on-going amongst all
court personnel
• The domestic abuse toolkit should be reinstated by CAFCASS 33
• The Government should base any legislative decisions on the recommendations
of the Family Justice Review and the evidence regarding shared parenting and
domestic abuse
30. Women’s Aid, Response to the Family Justice Review 2011 http://www.womensaid.org.uk/domestic-violence-articles.asp?section=000100
01002200330001&itemid=2725 Accessed: 26/03/13
31. Ministry of Justice (2011) Family Justice Review. MoJ, DfE and WAG, 2011:44 http://www.justice.gov.uk/about/moj/independent-reviews/
family-justice-review
32. Department for Education (2012) ‘Press release: Children and Families Bill to give families support when they need it most’, 9th May 2012
http://www.education.gov.uk/inthenews/inthenews/a00208753/childrens-bill-family-support
33. Children and Family Court Advisory Support Service (CAFCASS) http://www.cafcass.gov.uk/ Accessed: 26/03/13
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