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A critical examination of the family court’s approach to domestic abuse in private law children cases: where are we now? Part I and Part II

Date:24 MAY 2021
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Dr Charlotte Proudman, Goldsmith Chambers

Part I and Part II (which will be in the July issue of Family Law) of this article provides a critical examination of the landscape in relation to the family court’s approach to domestic abuse in private law children cases. Part II will provide a thorough analysis of the four-linked domestic abuse appeals in the Court of Appeal in which general guidance was handed down concerning the modern approach to addressing allegations of abuse. Overall, it concludes that whilst the guidance was welcome in setting out the court’s approach to allegations of coercive and controlling behaviour, it missed an opportunity to clarify the law in respect of partnership rape, leaving the law even more unclear now than prior to the court’s judgment.


The full article will be published in the June issue of Family Law

 

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