The Court of Appeal has ruled that coercive and controlling behaviour should be the primary concern for family court judges in custody battles.
New legal guidance will for the first time, make it clear that family judges must see domestic abuse as part of their core business.
It comes following a landmark review involving the examination of four separate cases which featured allegations of marital rape, partner rape, or coercive control. Three of the four appeals, each involving allegations of coercive control and partner rape, were granted.
The review prompted the Court of Appeal to rule that allegations of coercive and controlling behaviour should be the “primary issue” for family courts when considering cases where one parent claims to have been the victim of domestic abuse.
In the ruling by Sir Andrew McFarlane, Lady Justice King and Lord Justice Holroyde it was established that courts should “prioritise consideration of whether a pattern of coercive and/or controlling behaviour is established over and above the determination of any specific factual allegations”.
It also highlighted that abuse does not always end when a relationship does and that, even with an injunction in place, subtle forms of abuse can persist.
The judges said regarding coercive incidents that occurred between adults when they were in a close relationship as being “in the past”, and therefore without relevance when assessing the risk of harm in future, should be considered “old fashioned and no longer acceptable”.
The move has been welcomed by charities, campaigners and lawyers, who are urging the courts to expand on it further into a culture shift.
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