CONTACT APPLICATIONS INVOLVING ALLEGATIONS OF DOMESTIC ABUSE: FEASIBILITY STUDY
CHAPTER SEVEN APPLICATIONS FOR CONTACT AND ABUSE
INTRODUCTION
7.1 The main focus of this study has been to address concerns about the granting of contact orders to parents where there are allegations of abuse. This chapter looks in more detail at cases where domestic abuse has been identified and where there are other concerns about children's well-being.
7.2 What is noticeable in our data is that not all pursuers are alleged perpetrators of abuse: the split is 61% with allegations and 39% without. For the purpose of exploratory analysis we have created a new category of abuser pursuer to describe such cases where the pursuer has allegations of abuse against them.
DOMESTIC ABUSE AND PURSUERS
7.3 As we have seen in the previous section, 18 cases have been identified where allegations of domestic abuse have been made. (The table is replicated below). When we correlate abuse with other elements of the data the following is found.
Table 38 Domestic abuse raised
Abuse raised | All cases | % | Contact cases | % |
Father caused | 24 | 75 | 11 | 61 |
Mother caused | 2 | 6 | 2 | 11 |
New partner caused | 6 | 19 | 5 | 28 |
Total | 32 | 100 | 18 | 100 |
*rounding error
7.4 Table 39 shows that abuser pursuers do not regularly have contact as a first crave: contact is the first crave in as few as 27% of such cases. Declarator of Paternity is the most common crave where pursuers are alleged abusers.
Table 39 Abuser Pursuer by first crave in contact cases
First Crave | Total | % | Dumfries | % | Dundee | % | Glasgow | % |
Divorce | 3 | 27 | 3 | 75 | 0 | 0 | 0 | 0 |
Contact | 3 | 27 | 1 | 25 | 0 | 0 | 2 | 75 |
Declarator of Paternity | 4 | 36 | 0 | 0 | 4 | 100 | 0 | 0 |
Parental Rights and Responsibilities | 1 | 9 | 0 | 0 | 0 | 0 | 1 | 25 |
Total | 11 | 99* | 4 | 100 | 4 | 100 | 3 | 100 |
*rounding error
7.5 Based on these findings we can say when looking for cases where there is likely to be allegations of abuse against a pursuer then the full range of craves must be examined.
TYPE OF CONTACT AND PURSUERS
7.6 The type of contact awarded to pursuers where allegations of abuse were made against them were examined. The following table shows contact outcomes.
Table 40 Abuser pursuer and type of contact awarded
Contact type | Totals | Curator assigned | Child represented | Neither |
No. | % | No. | % | No. | % | No. | % |
Supervised | 3 | 27 | 1 | 20 | 1 | 100 | 1 | 20 |
Residential | 2 | 18 | 1 | 20 | 0 | 0 | 1 | 20 |
Non Residential | 1 | 9 | 0 | 0 | 0 | 0 | 1 | 20 |
Joint MOA | 1 | 9 | 0 | 0 | 0 | 0 | 1 | 20 |
No Order Made | 2 | 18 | 2 | 40 | 0 | 0 | 0 | 0 |
Refused | 2 | 18 | 1 | 20 | 0 | 0 | 1 | 20 |
Total | 11 | 99* | 5 | 100 | 1 | 100 | 5 | 100 |
* rounding error
7.7 Of the 18 contact cases identified with abuse alleged, there are 11 cases where the pursuer is the alleged abuser.
7.8 The above tables shows that in more than half of such cases contact has been granted and a Joint Minute of Agreement made in 9% of cases. In more than half of such actions either a curator or solicitor has been appointed to represent the views of children.
7.9 In two cases, residential contact has been ordered: each is with a father after divorce. In one case the alleged abuse by a father is text messaging to the mother with threats about contact arrangements and similar threats made in the school playground. In the second case, the alleged abuse is swearing and aggressive behaviour by a father, where the mother threatened to stop all contact if financial matters relating to divorce were not agreed. Both already had residential contact. Disagreements concerned craves for extended contact.
7.10 In a further 3 cases within this subset of 11, charges of abuse had been brought against pursuers. In 2 of the 3 cases identified, contact was refused and in the third, supervised monthly contact was allowed.
LEGAL AID AND PURSUERS
7.11 When assistance to pursuers through legal aid is considered, the following picture emerges using data from court records (see earlier caviats).
Table 41 Abuser Pursuer receiving Legal Aid in contact cases
Legal Aid to pursuer | Totals | Dumfries | Dundee | Glasgow |
No. | % |
Yes | 8 | 73 | 2 | 3 | 3 |
No | 3 | 27 | 2 | 1 | 0 |
Totals | 11 | 100 | 4 | 4 | 3 |
7.12 Of the 11 cases in the study where the pursuer in contact cases is alleged to be an abuser, around 73% of such pursuers received legal aid. In the same cases, (Table 42) 18% of defenders received legal aid.
Table 42 Defender receiving Legal Aid in Abuser Pursuer contact cases
Legal Aid to defender? | Totals | Dumfries | Dundee | Glasgow |
No. | % |
Yes | 2 | 18 | 1 | 0 | 1 |
No | 9 | 82 | 3 | 4 | 2 |
Totals | 11 | 100 | 4 | 4 | 3 |
7.13 In the three cases where allegations of severe abuse were raised against pursuers, all three received legal aid. In none of these three cases was the defender legal aided.
PURSUERS AND DRUG AND ALCOHOL MISUSE
7.14 In considering the general well-being of children we have correlated cases where there were concerns relating to drug and alcohol misuse with domestic abuse. The following tables illustrate our findings.
Table 43 Abuser Pursuer or drug/alcohol or both who received Legal Aid
Legal Aid to pursuer? | Totals | Dumfries | Dundee | Glasgow |
No. | % |
Yes | 9 | 60 | 2 | 3 | 4 |
No | 6 | 40 | 3 | 3 | 0 |
Totals | 15 | 100 | 5 | 6 | 4 |
7.15 There are 15 cases (representing 25%) in the study where the pursuer in contact cases is alleged either to be a domestic abuser or have drug and alcohol problems or both.
7.16 Of the 15 cases, 4 pursuers had drug and alcohol problems but no allegations of domestic abuse. Of the remaining 11 cases, there were 4 pursuers who had both domestic abuse and drug and alcohol allegations against them. Around 60% of this group (9 cases) received legal aid.
Table 44 Abuser Pursuer or drug/alcohol pursuer by type of contact awarded
Contact type | Totals | Curator assigned | Child represented | Neither |
No. | % | No. | % | No. | % | No. | % |
Supervised | 3 | 20 | 1 | 14 | 1 | 100 | 1 | 14 |
Residential | 2 | 13 | 1 | 14 | 0 | 0 | 1 | 14 |
Non Residential | 2 | 13 | 0 | 0 | 0 | 0 | 2 | 29 |
Joint MOA | 1 | 7 | 0 | 0 | 0 | 0 | 1 | 14 |
No Order Made | 3 | 20 | 2 | 29 | 0 | 0 | 1 | 14 |
Order recalled | 1 | 7 | 1 | 14 | 0 | 0 | 0 | 0 |
Refused | 3 | 20 | 2 | 29 | 0 | 0 | 1 | 14 |
Total | 15 | 100 | 7 | 100 | 1 | 100 | 7 | 99* |
7.17 In 46% of abuser pursuer cases contact was granted and in 20% of cases contact was refused. In the 2 cases where residential contact was awarded, allegations of abuse related to threatening behaviour of a divorced father towards a former spouse.
PURSUERS AND DEFENCES
7.18 Of the 11 cases mentioned, a notice of Intention to Defend was lodged. The grounds on which contact applications were defended are noted in the table below.
Table 45 Defences used in Abuser/Pursuer contact cases
Assertions by Defenders | Numbers | % |
Not yet mentioned | 3 | 27 |
Not in best interests of child | 3 | 27 |
Not suitable on term-time weeknights | 1 | 9 |
Aggressive pursuer - supervision required | 1 | 9 |
Aggressive pursuer - handover person required | 1 | 9 |
Unreliable, causes upset | 1 | 9 |
Fear of abduction, not in child's best interests | 1 | 9 |
Total | 11 | 99* |
*rounding error
7.19 In more than half of the 11 cases, defences were either not mentioned or given as " not in the best interests of the child". In only 4 cases are more specific assertions made.
CONCLUSION
7.20 From the above exploratory analysis it is evident that :
- Where abuse is alleged it may be either against the defender or pursuer
- Pursuers who have allegations of domestic abuse against them did not always have contact as a first crave. Therefore when looking for such cases the full range of craves should be examined.
- There are allegations of severe domestic abuse in around a quarter of such cases.
- With one notable exception, in actions where there are allegations of severe abuse contact was refused. In all other actions where the pursuer is the alleged abuser and contact has been granted, contact was supervised in some cases, non-residential contact awarded in others and in 2 cases residential contact was ordered.
- There was a considerable overlap of allegations of domestic abuse with alcohol and drug misuse.
- The majority of pursuers in this group receive legal aid. Very few defenders were assisted in this way. It is not know how many applicants applied for legal aid and how many were unsuccessful, or if access to legal aid had any bearing on defending an action. This study was unable to assess the role of means testing, merit testing and financial contributions in taking cases forward.
- When defences were lodged they were generally non-specific.
All of the above points would merit further exploration in a future study.