How Does Spousal Abuse Affect Child Custody?

In 2017, judges in the UK revised divorce and child custody laws which allowed both parents unsupervised time with their children after divorce, despite evidence of spousal abuse.  These reforms were introduced to family courts after women’s rights charities shed light on cases of children who had been murdered by violent fathers who had been granted access.

Now courts have to take extra precautions when deciding whether or not abusive parents can spend time with their children.

In cases of child custody and spousal abuse, courts will consider the following:

Traumatic Bonding

The abuser often argues that they mean no harm to their children, therefore should be allowed to meet them after separation.

In such cases, courts are to determine whether there is evidence of “traumatic bonding” or the Stockholm Syndrome between the child and their abusive parent.

Therapists have found that young children often develop a loving connection towards those who oppress them. The child may be abused, but they’re incapable of identifying it.

If there is any sign of traumatic bonding, the judge should not allow unsupervised contact between the child and the abusive parent.

Negative Effects of Domestic Violence

The effects of domestic violence on kids last long after the separation of their parents. Children who’ve grown up in abusive homes struggle with behavioral and emotional issues for the rest of their lives.

These children are also more susceptible to conditions like depression, anxiety, obesity, and alcoholism. Lawyers can argue that ongoing contact with an abusive parent may trigger destructive behavior in the child.

New Domestic Abuse Bill

As of early 2019, the courts of the UK have revised the definition of domestic abuse to include non-physical types of abuse including financial, emotional and economic abuse.

Victims can now take legal action against their abusive spouses even when there is no evidence of physical assault.

Senior judges have also banned cross-examination of domestic violence victims in family courts by their abusers. Previously abusers were allowed to cross-examine their victims themselves for as long as they like in front of the court. Many perpetrators took this opportunity to further intimidate and humiliate victims. The purpose of the ban is to provide additional protection to victims and their children.

Even if there is no evidence of physical abuse, the courts have to consider other types of abuse inflicted in the house before deciding whether it’s safe for the child to stay in contact with their abusive parent.

If you’re in an abusive relationship and are looking to take legal action, contact Wembley Solicitors today. We specialize in financial settlements in divorce and prenuptial agreements at our office in Wembley, London. With our services you get can a legal separation or a divorce and get full custody of your child.