Children(page 2) 

Use of child contact to perpetrate domestic violence

Women generally want their children to have contact with their fathers and only try to prevent such contact when they feel certain that it will be detrimental to their children. Yet when mothers try to protect their children from abusive fathers, they are often viewed by the courts and welfare professionals not as protective, but as obstructive, manipulative and irrationally ‘implacably hostile’. Some women have preferred to face imprisonment for contempt of court, rather than allow contact to take place, but still these women have not been listened to. When mother’s have complied with contact orders, against their better judgment, and abuse has occurred, this has led to problems in the relationship between the mother and her children, as the children perceive that their mother is "sending" them to be abused and the children are angry that she does not protect them.

Abusive men often use contact as a means to continue to control and abuse the woman and/or children. One research study (Kelly) showed that 95% of the women studied were assaulted or further abused during child contact negotiations and arrangements after separation. This continued violence and abuse will often even continue after the family has been rehoused. (Malos & Hague 1993)

Hester & Radford’s (1996) study of contact in circumstances where there was a history of domestic violence showed that 40% of the women interviewed reported that their children had been physically or sexually abused by fathers during contact arrangements. Children are also murdered by fathers on contact visits.

Much research shows that abusive behaviour often escalates over time and, in particular, escalates when women attempt to leave or in other ways assert their individuality and strength. The most dangerous time for women and children is when the woman has taken steps to separate.

Children’s welfare and the Children Act 1989

The Children Act 1989 covers both public law (child protection) and private law (arrangements after relationship breakdown). When making decisions in relation to the welfare of children, the court and child welfare professionals must have regard to two central features of the Children Act: the ‘welfare checklist’ and the concept of ‘parental responsibility’. However, the lack of recognition within the Children Act 1989 in general, and within the welfare checklist in particular, of the risks and practical problems faced by women and children experiencing domestic violence in making safe arrangements after relationship breakdown, can sometimes cause problems and has only recently been acknowledged as an issue.

The welfare checklist

The court has to take into consideration the following factors in every case involving a child’s upbringing where the making, variation or discharge of any order is opposed by any party, and in every case where the child may be at risk of harm. This applies both to orders in family proceedings under Section 8 and to applications by local authorities relating to care and supervision under Part IV.

1. The ascertainable wishes and feelings of the child concerned (considered in light of his/her age and understanding).
   
   
2. His/her physical, emotional and educational needs.
   
   
3. The likely effect on him/her of any change in his circumstances. (Note: change is usually regarded as disruptive — all things being equal, judges will usually rule in favour of the parent that currently has residence — this is one reason why its so important that women take their children with them if they leave.)
   
   
4. His/her age, sex, background and any characteristics of him/her that the court considers relevant.
   
   
5. Any harm which he/she has suffered or is at risk of suffering.
   
   
6. How capable his/her parents, and any other person in relation to whom the court considers the question to be relevant, are of meeting his/her needs.
   
   
7. The range of proceedings available to the court under this Act in the proceedings in question.

From the perspective of those experiencing domestic violence, the implementation of the welfare checklist can be problematic in practice. For example, there is no formal requirement on the court to consider the effects of the decisions made under the Children Act 1989 on the safety of an adult (usually the woman) who may be at risk.

Parental responsibility

‘Parental responsibility’ is defined in the Act as:

"all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property." [Children Act 1989, s.3 (1)]

and is awarded according to birth status and residence arrangements.

Who has parental responsibility?

• The natural mother automatically has it and doesn’t lose it until child reaches 16.
  
  
• The natural father has it, if he was married to the mother at the time of the child’s birth or if he marries her subsequently.
  
  
• If he and mother make a parental responsibility agreement, or
  
  
• If he applies to the court and the court grants permission.
  
  
• Anyone with a residence order in respect of a particular child has it, for as long as that residence order lasts, unless they are a biological parent of the child, in which case they keep it even after the order ends.
  
  
• The local authority has it when a care order is in force, but they share this with the natural parents.

Once parental responsibility has been given to a natural father (if he is not automatically entitled through marriage), he cannot have it removed from him even if the child does not live with him. The natural father has precedence over others in relation to guardianship of children after the death of the natural mother; however, if there is a residence order in force in someone else’s name when the mother dies, that person may be granted parental responsibility.

Even though the parents are not married, the father still has a financial obligation to the child. In a case where the man is not the father of a child but has been cohabiting with the mother and treated her children as a child of the family, he may still be liable for financial provision.

If married, both husband and wife have parental responsibility for their children. However, if they should divorce or separate, the court has a right to make a Residence Order to determine with whom the children will live. The court can also make a Contact Order stating that children should see the other parent at certain specified times.

If not married to the father of the child, the woman has sole parental responsibility. The father of the child(ren) can apply for a residence or contact order and for parental responsibility. This can be granted if the court considers that it will be in the interests of the child(ren).

Child protection issues

Under Section 47 of the Children Act 1989, local authorities have a duty to take steps to safeguard the welfare of any child suffering or likely to suffer ‘significant harm’. Until very recently, however, there was little recognition by child welfare professionals (except those working in refuges) of the links between domestic violence and child abuse. Recent research has shown that the worst child protection outcomes (child death) are where domestic violence to women is ignored in child protection strategies. It is now clear that giving support to the non-abusing parent and protecting her from domestic violence is likely to be the best way to protect the child. In the past, however, removing the child was a common solution. Therefore, abused women, and in particular some women that are alcohol or drug dependant or mentally ill (which may be as a result of violence) may be unwilling to approach the police or social services for fear of losing their children.

Advice workers should be able to assess women thoroughly in order to give appropriate advice, support and make referrals to specialised domestic violence agencies. Women should be advised that social services are not there to take their children away, unless there is no other way of insuring the children’s protection and welfare. If a woman complains of, or suspects, violence towards her children, she should be taken seriously and should be encouraged to do something about it. Professionals must follow child protection procedures where child abuse is suspected.

Under the Family Law Act 1996, an amendment has been made to Section 38 and Section 44 of the Children Act 1989, so that the courts now have powers to exclude someone from the home who is suspected of abusing a child within the home, where an emergency protection order or interim care order has been applied for or is in place. Guidance has been given by the Department of Health on the implementation of this new power to support the protection of children as well as women at risk from domestic violence.

Under Section 17.1(a) of the Children Act 1989, local authorities have a duty to ‘safeguard and promote the welfare of children within their area who are in need’, and can provide a range of services both directly to children (for example support for children’s workers in refuges) and to help enable the non-abusing parent to protect her children.

Court orders for making arrangements for children in relationship breakdown

Under Section 8 of the Children Act 1989 the court may make four types of orders within family proceedings in respect of the child’s welfare: contact orders, residence orders, prohibited steps orders and/or specific issue orders.

• Contact orders: require the person with whom a child lives, or is to live, to allow the child to visit, stay or have contact with the person named in the order. The courts are encouraged to view contact with a child as the right of the child rather than the right of the parent. Contact may be direct, e.g. face to face, or indirect, e.g. by telephone or letter. Contact may range from long or short visits and it can be supervised or unsupervised. If a woman fears violence she can ask for contact to be supervised. In certain cases the court will refuse to allow contact or will order that contact be supervised or take place on neutral ground or at one of the special contact centres.
  
  
• Residence orders: determine where and with whom the child is to live. It can be made in favour of more than one person, even if both parties do not live together. If the order is in favour of one parent it does not take away parental responsibility from the other parent. Where a residence order is in force no person may cause the child to be known by a new surname or remove the child from the United Kingdom without the consent of every person who has parental responsibility.
  
  
• Prohibited steps orders: prohibit a person with parental responsibility from taking any steps contained in the order without the consent of the court.
  
  
• Specific issue orders: give direction regarding a specific question in relation to any aspect of parental responsibility for a child.
  
  

Welfare reports

A welfare report is often of vital importance in the court’s decision-making in relation to the welfare of a child. Whilst these are normally prepared by Court Welfare Officers, the court can ask a social worker or other officer of the local authority to provide one. The National Standards (1994) for probation service family court welfare work state clearly that where there is domestic violence, the preparation of such reports should not require women to attend joint interviews with their abusers. Similar practices have been adopted by some local authority social services departments where they have developed domestic violence policies.

The combination of the Children Act 1989’s silence on domestic violence-related issues and the lack of awareness among many involved in implementing the Act has produced many situations in which children and women have been left at continued risk of violence and abuse. Growing awareness of these problems by the Department of Health has identified the need for more training and guidance for practitioners to ensure that they support the non-abusing parent to protect her child.

Help to Children & Young People

Children’s Fund
ABAN@NAADV
Newham Action Against Domestic Violence
St Mark’s Centre
Tollgate Road
London E6 5YA

Tel: 0207 473 3047
Fax: 0207 511 5520

Surgery Times Monday Kingsford Community School
Tuesday North Beckton Primary School 1.30 – 3.45
Wednesday Britannia Village Primary 9.30 – 2.30
Thursday Royal Docks Community School 9.30 – 12.30
Friday Storey Primary School 9.30 – 12.30
Parents can use the drop-in surgery or make a request for an appointment via Head Teacher, EWO, SENCO or telephone on the above number.

Children can refer themselves in the same way but must have parental permission if under 12 years of age.

The service provided is available for any family experiencing domestic violence for emergency housing, benefits and legal advice, advocacy, escorts, family support and counselling. Art therapy, family therapy and support groups can also be accessed from NAADV’s main offices.

Children’s Fund
Resettlement Project@NAADV
Newham Action Against Domestic Violence
St Mark’s Centre
Tollgate Road
London
E6 5YA

Tel: 0207 473 3047
Fax: 0207 511 5520

Providing support and training advise for women with families that have experienced domestic violence. Including work experience, educational support, childcare advice and information. Confidence building and re-employability skills training. Referrals can be made through NAADV’s main Adult Services section or Child Support project. Women must have children between the ages of 5 years and 13 years.

Children’s Fund
Chrysalis@NAADV
Preventative Services
Newham Action Against Domestic Violence
St Mark’s Centre
Tollgate Road
London
E6 5YA

Tel: 0207 473 3047
Fax: 0207 511 5520

Working with young people between the ages of 14 years and 18 years that are displaying violent behaviour toward parents and siblings, prior to prosecution.

Referrals can be made in person, through a family member, from schools, Police and other recognised referral agencies.

Service will provide behavioural training, anger management, group work and one to one counselling, family support and advice.

Families can access comprehensive support and advice services from the main programmes at NAADV.

Teens at Newham Asian Women’s Projects
Training, Education & Employment in Newham

Youth Project for young Asian women with no/low esteem.

Zindaagi Project, East London wide providing support services for young Asian women at risk of self harm.
Offers specialist counselling services and co-ordinates and supports the development of services aimed at supporting young Asian women who are vulnerable to suicide/self harm.

Zindaggi
661 Barking Road
London
E13 9EX

Tel: 020 8472 0528
Email: zindaagi@nawp.org


Children’s Fund
Teens at NAWP
661 Barking Road
London
E13 9EX

Tel: 020 8472 0528

• To inform children about accessing support services
• Run surgeries in schools and drop in services
• After school workshops, youth club & lunchtime sessions
• Advice sessions for children and their mothers