Adult and child victims of domestic abuse are being “retraumatised” during family law proceedings, research suggests, with almost all those affected being subjected to abuse after separation and during court cases.
While the prevalence of domestic violence and abuse (DVA) in all family law cases is disproportionately high, the Irish family law system as a whole “is not sufficiently DVA informed or responsive”, according to the research report.
Women’s Aid, which commissioned the research, said this “systemic blind spot” left victims feeling disbelieved, silenced and at risk from further abuse.
The study, which involved almost 440 victims of DVA, was carried out by Trinity College Dublin and University College Cork.
Victims described their experience of family law proceedings as “horrific”, “retraumatising” and “relentless”, with one woman saying: “It’s essentially a stage for the abuse to continue.”
The study argues that the courts and the family law system often operate under the “flawed assumption” that once a couple separate then any violence or abuse is considered to be historical.
“This premise can lead to decisions and judgments that may not fully account for the ongoing risks or impacts of abuse on the victim-survivors, as it overlooks the possibility that abuse can continue even after separation,” it said.
Among participants who were victims of DVA, 91 per cent of women and 93 per cent of men indicated that abuse continued or began post-separation and while proceedings were under way.
“The abuse never stopped after separation, it just changed,” one woman said.
A common perception among participants was that perpetrators were able to “play” the system to maintain control or cause disruption to inflict harm on former partners by repeat summoning or through multiple adjournments.
Researchers found that the court’s “neutral stance” regularly failed to capture subtle, nuanced patterns of abuse.
Most victims also indicated that forms of abuse such as coercive control, emotional abuse, financial abuse and stalking increased post-separation.
Victims managing court-ordered access, meanwhile, reported intimidation and threats while handing their children over, with 78 per cent of victims experiencing ongoing problems or abuse connected with access arrangements.
To avoid being charged with violating court-ordered access, victims were required to engage with their abuser, which “frequently provided court-sanctioned opportunities for further abuse to occur”.
Some women reported assaults, threats, intimidation and manipulation, while others perceived court-ordered access being used by abusers as an “ongoing tactic of control and abuse”.
Women also reported being wrongly accused of “parental alienation” when they said their children did not wish to go on visits because of their experiences of DVA.
A common theme arising from interviews with child participants was feeling unsafe during access or contact with their father, with a 14-year-old girl saying: “You just don’t know what he’s going to do next.”
Most children perceived their experiences as being discounted or disbelieved and their wishes being ignored throughout proceedings.
Trinity College Professor Stephanie Holt, the chief investigator for the study, said it provided evidence and insights into a “fundamentally flawed” family law system when dealing with victims of domestic abuse.
“The findings paint a predominantly negative picture of that journey through the family law system for adult and child victim-survivors of domestic violence and abuse,” she said.
Sarah Benson, chief executive of Women’s Aid, said while there were some examples of informed practices, it was “completely inadequate when the system itself is not attuned and responsive to the tactics and impacts of domestic abuse post-separation”.
Women’s Aid is urging the Government to “fundamentally reform” the family law system in a DVA-informed manner which would include compulsory domestic abuse training for all professionals.
