In recent times, the law has been evolving progressively, recognising the impact of Domestic Abuse which is not just physical, such as coercive and controlling behaviour. New legislation has endeavoured to safeguard victims of abuse by creating new offences and increasing the level of protection at court.

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten a victim.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape, and regulating their everyday behaviour.

Even once a relationship has broken down, and a victim of abuse wishes to move on, the abuser may attempt to continue asserting coercive and controlling behaviours. It can be especially difficult for victims to escape this, particularly when children are involved.

When it comes to disputes regarding children, disagreements between separated parents can often become protracted and hostile. Currently, aggrieved parents, guardians and those with parental responsibility can apply to the court regarding child arrangements under Section 8 of the Children Act 1989 without permission from the court.

This provision gives parents, guardians, and those with parental responsibility, the flexibility and freedom to make court applications when they need to in relation to their children. In the majority of cases, this is respected and the court process is used as a last resort.

However, it is becoming increasingly common that an individual makes repeated and unnecessary applications to the court, causing harm to the children and the other party. This has created the concept of ‘Lawfare’, which consists of vexatious and meritless applications to court which inflict torment and emotional harm to the children and the other party.

This can be seen in many cases where coercive and controlling behaviour has been an issue, and an abuser may try to drag their victim through the court process needlessly to retain an element of control.

Fortunately, there are provisions to protect children (and parents) from excessive and meritless litigation. Section 91(14) of the Children Act 1989 enables the court to order that a parent cannot make an application without the permission of the court.

This does not prevent the parent in question from ever making an application again, but imposes a screening process for the application to be considered first by a Judge to determine whether their case has any merits.

Until recently, Section 91(14) Orders were rarely made by the court and the threshold for obtaining this type of Order was high. However, in recent times, society’s understanding of domestic abuse has changed significantly and the court has recognised the need to protect children and parents from ‘Lawfare’, or the use of court proceedings as a weapon of conflict.

In the recent case of Re A (A Child)[1] the court considered the basis on which Section 91(14) Orders should be made and suggested that Judges should be more willing to ‘step in’ to provide protection for a parent from what is, in effect, a form of coercive control on their former partner’s part.

At Fisher Jones Greenwood, we can help you with various remedies to protect you from abuse including: divorce and separation; Non-molestation orders to protect you and your children from certain behaviour; an occupation order which regulates occupation of the family home and can also order one person to leave; and, of course, children disputes.

 

If you would like advice about Domestic Abuse issues, please contact our Family Team at 01206 700113 or contact us.