Domestic Abuse and Child Contact: New Guidance for Judges - Episode 5

In September 21017 new legal guidance was released for judges making decisions in child contact cases where is domestic abuse is a known factor. The change has come following the 'Child First' campaign by Women's Aid and attempts to address concerns raised by their report "Nineteen Child Homicides". This report tells the story of 19 children intentionally killed by their parent during unsafe child contact arrangements, some of which were court ordered, often against the advice of professionals such as health visitors.

The new guidance, Practice Direction 12J, recommends that where a risk assessment flags ongoing risk to the child there will be no contact ordered, even at a contact centre, and that courts should provide special protection measures to guarantee the safety of both survivors of domestic abuse and their children in court. It will hold judges more accountable by requiring them to follow the guidance and also explain why any contact that they order will not expose the child to further harm and how it is in child’s best interest.

In this podcast we give you an insight into this guidance and why health visitors need to understand it in their practice. We also discuss how to use this podcast as a resource for CPD and re-validation, the link to the NMC reflective accounts file is: https://www.nmc.org.uk/globalassets/sitedocuments/revalidation/reflective-accounts-form.doc

Further Reading:
PRACTICE DIRCTION 12J
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j

Summary of legal history and context:
https://www.judiciary.gov.uk/wp-content/uploads/2017/01/PD12J-child-arrangement-domestic-violence-and-harm-report-and-revision.pdf

Women's Aid Report: Nineteen child homicides
https://1q7dqy2unor827bqjls0c4rn-wpengine.netdna-ssl.com/wp-content/uploads/2016/01/Child-First-Nineteen-Child-Homicides-Report.pdf

Women's Aid news article SEPT 2017 - 'Landmark Win'
https://www.womensaid.org.uk/landmark-win-womens-aids-child-first-campaign-changes-announced-make-child-contact-safer/

We would welcome your contributions to this discussion, as ever contact us at:
[email protected]