Survivors of domestic abuse in Northern Ireland are calling for significant reforms in the family court system. They are advocating for greater transparency to protect victims and their children. The push for change comes in the wake of alarming testimonies from women who have navigated the court’s proceedings. They argue that they feel re-victimized by the very system meant to protect them.
A System Under Scrutiny
ITV reports that, in the past two years, nearly 30,000 decisions have been made by the family courts in Northern Ireland, with almost 17,000 related to domestic violence and children’s orders. These proceedings, held behind closed doors, have left several women traumatized. Some have alleged threats of penal notices, contempt of court, and even the removal of their children. Women, speaking under the condition of anonymity to protect themselves and their children, have voiced their distress and the coercive control they continue to face through legal battles.
Beth (not her real name), a mother who fought to protect her three-year-old son from an abusive, drug-addicted father, shared her harrowing experience: “I ended up becoming the criminal in my case where I was trying to safeguard my child and I was being stigmatised as a vexatious mother. I was being labelled as a parental alienator. Implacable hostility was used against me.” She, like many others, has found herself penalized for attempting to protect her child. “You’re being told that you’ll be held in contempt of court if you don’t obey the court order which is a forced contact with an abusive parent,” Beth added, highlighting the paradox many victims face in seeking justice.
Post-Separation Abuse in the Legal System
One of the most damaging tactics employed by abusers in family courts is the allegation of ‘parental alienation,’ — a concept describing attempts by one parent to negatively influence their child’s perception of the other parent. These allegations are frequently directed at mothers who are reporting abuse by the father and seeking to safeguard their children from further harm. Such claims can lead to a dangerous reversal of protective measures, where victims are scrutinized, and abusers gain sympathy and leverage. This manipulation can also result in court decisions that inadvertently expose children to further harm by granting the abusive parent access or even full custody.
The challenge for the legal system is to recognize and address these manipulative tactics, ensuring that it does not become complicit in the cycle of abuse. Safeguards and reforms, such as screening for signs of coercive control during legal proceedings and providing specialized training for legal professionals, are critical steps towards protecting victims and preventing post-separation abuse from continuing under the legal system’s auspices.
Calls for Reform and Transparency
The Victims of Crime Commissioner in Northern Ireland, Geraldine Hanna, met with survivors at Stormont to discuss the need for reform. Hanna emphasized the importance of recognizing child contact as a potential tool for abusers to wield power post-separation and is planning research to understand the scale of the issue.
Justice Minister Naomi Long expressed openness to discussing the merits of increased transparency, including the possibility of media access to family court proceedings. However, she acknowledged the sensitivity of the matters discussed in family courts and the challenge of balancing transparency with the privacy and dignity of individuals involved.
Dame Siobhan Keegan, the chief justice, reiterated her commitment to ensuring that victims of domestic abuse are supported within the judicial system. She stressed the paramount importance of child welfare in family cases and advocated for transparency and public understanding of the judicial decision-making process. A pilot scheme allowing reporters into family court has recently been tested in England and Wales, signaling a potential shift toward greater openness.
A Continued Struggle for Justice
As the debate over family court reform unfolds, survivors like Beth hope that increased transparency will lead to a more just and empathetic handling of their cases. While some limited progress has been made, the journey for many navigating through a complex and often closed judicial system remains fraught with challenges. The campaign for change in the family courts of Northern Ireland continues, as survivors seek a system that truly protects and understands the victims of domestic abuse and their children.
References
Clarke, S. (7 March 2024). Survivors of domestic abuse campaign for change in family courts. ITV News.
Dalgarno, E., Meier, J., Ayeb-Karlsson, S., Pollack, D. and Katz, E. (23 October, 2023). From ‘Parental Alienation’ to [Abusers’] Child and Mother Sabotage (CAMS) as a preferable term for how perpetrator fathers intentionally sabotage the child-mother connection. Shera Research Group.
Featured image: Taking public action to end violence at home: OECD / Flickr.
