Domestic Abuse and the Family Justice System

Vorwort
An overview of the law relating to domestic abuse in the family jurisdiction, incorporating best practice from the criminal courts, to assist practitioners navigating their clients through the Family Court process.

Autorentext
Prof Jo Delahunty KC is a specialist family silk known for her work in public law NAI cases (serious injury to/death of a child, physical/sexual abuse, adult, sibling and child/baby rape (including internet exploitation)). Jo's private practice embraces complex cases involving DA, CCB PA, physical, sexual and emotional abuse and neglect of a child or alleged parental/partner abuse. She has a particular interest in fair process for vulnerable parties and child witnesses and is accredited as a Vulnerable Witness Advocate by the Bar Council and FLBA. Jo delivered training to the judiciary and social care professionals on DA/CCB following her work in Re HN (2021). Ian McArdle spent 10 years practising as a solicitor before transferring to the Bar in 2019. He acts for parents, children, other family members and local authorities in a practice which covers all aspects of domestic abuse and children law. Regularly led by leading counsel, Ian is instructed in highly complex cases with complicated factual and legal issues at play. Alongside his practice, Ian is also nearing completion of doctoral research, researching Alienating Behaviours in the Family Justice System.Michelle Heeley KC is an experienced criminal silk, specialising in rape and murder. She is a lead trainer for vulnerable witness advocacy and has particular expertise in dealing with vulnerable witnesses and defendants.Chloe Ashley is a criminal barrister regularly instructed in highly complex, sensitive cases. Her work sees her act as both a lone or as a led junior in often in serious, multi-handed cases on behalf of both the defence and prosecution. Chloe's work often involves allegations of non-accidental injuries and child homicide, often relying upon expert pathological and specialist medical evidence. Chloe is also an author on the forthcoming Domestic Abuse in the Family Justice System title due to publish in 2024.

Klappentext
Domestic Abuse and the Family Justice System: Law and Practice looks at the legal framework governing allegations of domestic abuse from Statute and Rules to precedent and good practice. It assists those working with both victims and perpetrators of alleged coercive controlling behaviour and domestic abuse, and those who represent the children impacted by adult behaviours.

This book guides the reader through the legal framework that the court applies when assessing competing adult claims and denials. It identifies areas that can be problematic to manage unless well anticipated and sets out ways in which they can be navigated.

Written by eminent practitioners from both the family and criminal law arenas, this book combines best practice from the criminal courts to assist family law practitioners in identifying common mistakes made by practitioners and the family justice system, offering solutions and promoting best practice.

Each chapter identifies principles and practice points, highlighting the key points practitioners can deploy to enhance and develop their own case preparation and court room skills.

This title is included in Bloomsbury Professional's Family Law online service.

Inhalt

1.What is Domestic Abuse and Controlling and Coercive Behaviour
2.Jurisprudence of Domestic Abuse in the Family Court
3.Overview of Domestic Abuse Act 2021 and How it Fits in With Existing Law.
4.Unrepresented Parties
5.Applying Principles to Practice:
6.CAFCASS Tools and Frameworks.
7.Finding of Fact Hearings
8.The Welfare Stage in a Case Where Domestic Abuse is Found or Not
9.Public Law Children Act 1989
10.Domestic Abuse in the Criminal Courts
11.Contrast and Compare
12.Conclusion