BACKBENCH BUSINESS

He supports an urgent review of family court practices due to a case where a victim of domestic abuse was not represented in court, leading to the abuser gaining custody of her children.

She agrees with the need for an urgent review and emphasises the importance of training for judiciary members to better understand domestic abuse patterns and improve belief in victims' testimonies.

Ms. Engel emphasised the importance of not imposing time limits on debates to ensure all voices are heard.

Ms. Miller paid tribute to Ms. Smith and acknowledged the disturbing findings in the Women’s Aid report, stressing that every recommendation must be considered to prevent further child deaths. She emphasised the importance of training for all family court members on the new law regarding coercive control.

Ms. Moon questioned whether family courts sometimes confuse fathers' persistence with genuine interest in their children, pointing out a case where a CAFCASS worker told frightened children that not seeing their abusive father could result in trouble for their mother.

The hon. Lady makes a powerful point about coercive control, emphasising the need for professionals to understand these complexities. The Government has supported the Istanbul convention aimed at tackling domestic violence through legislation and awareness-raising campaigns such as “This is abuse”. However, Miller calls on the Under-Secretary of State for Justice to clarify when the UK will ratify the treaty along with other signatories like Germany, Norway, and Ireland. She stresses that victims must feel confident in our legal system and safe reporting domestic violence. The Government needs to support legal aid for victims, but some women find it difficult to provide objective evidence required by the domestic violence gateway. Miller highlights concerns over cross-examination of survivors of domestic abuse in court proceedings and calls for urgent re-examination to ensure protection for all victims. She supports special measures like remote evidence-giving and pre-recording but emphasises that these must be available universally. Family courts need proper training on coercive behaviour and expert risk assessments should be mandatory in child contact cases involving abuse.

The hon. Member questions the adequacy of current measures and suggests a witness protection scheme might be necessary, referencing an earlier Bill on this matter.

Miller acknowledges Jim Cunningham’s point about witness protection but argues that basic protections are often not prioritised. She calls for family court staff to receive proper training, particularly regarding coercive behaviour, and advocates for mandatory expert risk assessments in child contact cases involving abuse. Citing the Prime Minister's statement at the Police Federation’s annual conference, Miller emphasises the need for a change in cultural attitudes towards domestic abuse within courts and government agencies.

Champion pays tribute to Angela Smith for securing this debate and highlights the severe impact of domestic violence on women. She provides statistics showing an increase in violent crimes against women between 2009 and 2014, alongside cuts to services intended to support victims. Women endure abuse multiple times before seeking help and are often re-victimised during prosecution processes. She shares a case study from her constituency where a mother was forced into abusive contact situations with her child’s paternal grandparents. The lack of understanding in such cases harms both survivors and children, as domestic violence frequently coexists with child abuse.

McCarthy supports Sarah Champion's argument, emphasising the importance for family courts to take allegations of domestic violence seriously even when charges are not pressed due to intimidation or other factors. She highlights cases where women do not press charges but should still be considered in court proceedings.

We need to give victims some responsibility for setting the way forward, whereas our court system seems to take everything away from them. The family courts often place children directly in harm's way by granting child contact to abusive fathers despite knowing about domestic abuse or direct abuse towards the children. Will the Minister confirm that there must not be an automatic assumption of shared parenting but that decisions should be based on informed judgments of what is best for the child? Furthermore, will the Minister support specialist training for judges and staff regarding the impact of domestic abuse on children? Finally, early intervention through mandatory age-appropriate resilience and relationships education in schools is necessary to prevent such crimes.

I congratulate Angela Smith for securing this debate and Women’s Aid for their report. The cases highlighted show that domestic abuse is not just an abstract issue but affects real people, including 19 children who lost their lives due to domestic violence. Some mothers were unhappy, some fathers felt treated badly, and grandparents felt unable to get a look-in in custody battles. It's clear we must put the child first. There are examples of good practice in family courts, yet much more can be done. We need better protection measures for victims, including screens, video links, separate waiting rooms, etc., which often don't work as intended. The Women’s Aid survey revealed significant issues: 55% had no access to protection measures; 25% were cross-examined by former partners during proceedings; and over 39% were verbally or physically abused in court. I share two cases that highlight the dangers of poor decisions regarding child custody, emphasising the need for better training and support.

De Piero agrees with Phillips that more work is needed to ensure police cases reach court. She mentions a constituent who has never had her case go to trial despite suffering terrible abuse, highlighting the personal and national impact of such failures.

Moon supports Phillips' point about courts often only considering physical injuries in cases of domestic violence. She advocates for better protection for victims through legal aid, emphasising the need to consider the impact on children as well.

I congratulate my hon. Friends on bringing this debate to the Floor of the House of Commons... They are victims, but too often they feel that they are treated with suspicion rather than compassion, and that they are made to feel as though they are the guilty party.

I thank my hon. Friend for her speech... Does she agree with me about the importance of awareness, training and leadership in local authorities on such issues?

Absolutely. I agree with my hon. Friend that training plays a big part... That is where the coercive element also comes in. That makes me believe all the more that good relationships education in schools can help children to realise that those are not normal relationships, and that that is not how loved ones behave towards one another.

May I join the chorus of approval and gratitude expressed to my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith)... How could I get to this age and not know that? Why is it that so few people I talk to have the faintest idea this is going on daily in the British legal system?

Is it not important for the courts to understand that they are being manipulated in that way? The courts ought to record how often an abuser deliberately uses the courts to inflict further abuse. Concentrix should also be aware that when it receives reports of an unreported adult being in the home, it may well be the abuser carrying on the abuse by making false reports. It should take action to investigate that before it cuts off the benefits.

Mr Peter Kyle emphasised the critical issue of domestic violence perpetrators exploiting family courts to continue their abuse. He shared personal testimonies from constituents who experienced severe trauma during court proceedings, highlighting that victims are often manipulated and exploited by abusers through legal processes. Mr Kyle described cases where survivors faced intense fear and anxiety over court hearings, with one constituent deciding to drop harassment charges due to the risk of her mental health records being accessed by her abuser. Another survivor was so traumatised that she felt compelled to concede to her abuser's demands to avoid further cross-examination. Mr Kyle detailed the tragic case of Jane Clough and the subsequent legal ordeal faced by her family, calling for urgent reform in the system to protect victims from further abuse.

I thank the hon. Member for Penistone and Stocksbridge for securing this debate and commend Women’s Aid for their report on child homicides linked to domestic abuse. The speaker highlights the systemic shortcomings in family contact approaches, citing examples from both England/Wales and Scotland where over 19 children were murdered due to unsafe contact arrangements with abusive parents. She notes that while Scotland has a robust legislative framework, its implementation falls short, emphasising the need for new legislation or regulatory guidance to enhance child safety and wellbeing. The speaker raises concerns about the inconsistent application of laws prioritising parental rights over children’s safety and welfare. She cites an example involving Rev. Tracey Hart, who was jailed for protecting her children from their abusive father, illustrating judicial shortcomings in understanding coercive control dynamics. Eilidh Whiteford stresses the importance of robust risk assessments, proper training for court staff, and ensuring child-centric decisions to prevent further abuse through contact arrangements.

Paid tribute to the Backbench Business Committee for bringing forward this debate, highlighting the Women’s Aid report ‘Nineteen Child Homicides’ which details 19 child homicides due to unsafe child contact arrangements. Emphasised that domestic abuse needs more reflection and better treatment in family courts, with a need for clearer protocols regarding child safety from abusive parents.

Congratulated Angela Smith on securing the debate, paying tribute to Claire Throssell whose sons were murdered by an abusive father. Noted that 19 children in 12 families lost their lives due to child contact arrangements with abusive parents between 2005 and 2015. Criticised family courts for failing to prioritise safety of abused partners and children, advocating for a serious assessment authorised by the court when domestic abuse is alleged.

Ms Thewliss praised the work of women's aid organisations in Scotland and highlighted the importance of addressing child contact issues. She commended the Scottish Government’s proposed domestic abuse legislation, which aims to criminalise psychological abuse such as coercive and controlling behaviour. However, she expressed concerns about the court processes that often undermine victims' experiences and rights. Ms Thewliss also mentioned the need for better support systems, including special measures in courts under the Victims and Witnesses (Scotland) Act 2014. She stressed the importance of considering children's views and supporting projects like Power Up; Power Down to ensure their voices are heard in court processes.

Congratulates those who secured the debate, acknowledges improvements in criminal courts over the past decade, emphasises the importance of counting cases and implementing policy changes for family courts. Discusses independent domestic violence advisers, specialist courts, coordination and support groups, evidence collection methods like 999 tapes and body cams, special measures for victims, listening to victims' experiences, non-defensive approach, abuse of process in civil courts, and the need for proactive judges.

Jim Shannon, the MP for Strangford, provided a Northern Ireland perspective on domestic abuse, noting that the figures and incidents in his region are alarming. He cited statistics from the Police Service of Northern Ireland indicating 28,287 reported incidents with a domestic violence motivation in 2014-15, equating to one incident every 19 minutes. He also mentioned that approximately 13% of overall crime in Northern Ireland involved domestic abuse crimes (13,426 cases), which was over two and a half times the number of drug offences reported during the same period. Shannon highlighted specific examples from his constituency where individuals suffered severe emotional and physical trauma due to domestic violence.

The debate highlighted the urgent need to address issues of domestic abuse within family court cases. Richard Burgon paid tribute to Claire Throssell for her work with Women's Aid and recognised the impact of a recent storyline in 'The Archers' on raising awareness about the issue, which has led to significant charitable donations. He cited specific tragic cases such as Mary Shipstone and Ellie Butler to illustrate the severe consequences faced by mothers and children involved in domestic violence situations. Burgon emphasised the importance of hearing women's voices and praised Women’s Aid for publishing a report detailing 19 child homicides over the past decade, which has been instrumental in advocating for changes within family courts. He criticised the 'contact at all costs' culture prevalent in family court cases and called for an end to viewing domestic violence against mothers as separate from children's safety. Burgon also addressed the legal aid cuts introduced by the coalition government and highlighted ongoing issues with accessing justice due to evidentiary requirements. He urged for a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and emphasised the need for better adherence to practice direction 12J in ensuring child safety. Finally, he commended Labour's commitment to establishing a commissioner on domestic and sexual violence and publishing a Violence Against Women and Girls Bill.

I recognise the strength of feeling on the subject of domestic abuse and the importance that hon. Members from all parts of the House attach to addressing it. I am very grateful for the opportunity to discuss such a pressing issue, not least because in clinical practice I have encountered a number of cases of domestic violence, primarily against women. The Women’s Aid report makes for harrowing reading. No child should ever die or live in such dreadful circumstances, and it is incumbent on all of us to consider whether more can be done to prevent such tragedies. We have already made progress with the new strategy on violence against women and girls and committed £80 million of funding. The Ministry of Justice remains committed to working closely with partners, particularly when responding to domestic abuse. We are not complacent and know that there is room for improvement, especially in the family justice system. I welcome the collaborative approach to this work, which should be adopted on other issues.

The debate centres on an important report by Women’s Aid, entitled “Nineteen Child Homicides”. It calls on the Government to review the treatment and experiences of victims of domestic abuse in the family law courts. The report underlines the need to prioritise the child’s best interest in child contact cases involving domestic abuse.

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The hon. Member for Penistone and Stocksbridge raised an important point about the family court's duty to consider the child’s best interests in cases involving domestic abuse, which is a core principle of our laws.

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Thanked the Backbench Business Committee for organising a debate on an important topic, highlighting that the debate has shown the House at its finest by hearing arguments and stories. She mentioned the challenge of changing family courts to better protect children from abusive fathers. Smith emphasised the need for effective change after receiving an unpleasant tweet in response to comments about the high quality of the debate.

Made a point of order regarding the press release accompanying a Foreign Affairs Committee report on UK-manufactured arms used in Yemen. She highlighted that there was a minority report by herself and another member which was not mentioned in the press release, leading to potential misinterpretation.

Responded to Ann Clwyd's point of order, stating that he has no jurisdiction over press notices and releases but noted that her comments would be highlighted by the media. He also acknowledged Sue Hayman’s point regarding information from the Government about funding for Yemen.

Raised a concern about the lack of information from the Government on how UK funding to Yemen is being managed, questioning when was the last time a British diplomat visited Yemen and calling for better reporting.