We understand that being in Children Act Proceedings can be a daunting enough experience in the first place coupled with having to come face to face with your ex.
In the Family Court, the court is under a duty to consider how victims of domestic abuse and other parties/witnesses can be helped to participate or give evidence in court proceedings. If you have made allegations against your ex and are the alleged victim of domestic abuse perpetrated against them towards you, then the court can look at Special Measures being put into place. Sometimes you have to go through a separate hearing known as Finding of Fact Hearing, for the court to determine the allegations and if they find that they have happened or not. We understand the need to be shielded from further abuse from your former partner if you have been the victim of domestic abuse, especially if you need to give evidence in such cases.
Under Rule 3A.2A of the Family Procedure Rules there is the assumption that “where it is stated that a party or witness is, or is at risk of being, a victim of domestic abuse carried out by a party, relative of another party, or a witness in the proceedings, they are vulnerable. Where the assumption applies, the court must consider whether it is necessary to make a participation direction”.
With regards to the types of abuse the court consider this can relate to any of the following:
- domestic abuse,
- sexual abuse;
- physical and emotional abuse;
- racial and/or cultural abuse or discrimination;
- forced marriage or so called “honour based violence”;
- female genital or other physical mutilation;
- abuse or discrimination based on gender or sexual orientation; and
- human trafficking.
Special Measures might include:
- attending court via a separate entrance and exit
- having a screen up in court (the other party will be prevented from seeing you and vice versa)
- separate consultation rooms
- giving evidence via a video link
You might be worried about being asked questions by your ex partner and that they might be able to extend their abuse by putting you through your experiences. This is now no longer permission. In such circumstances the court can make directions for the other party to send the court a list of questions he/she intends to raise in advance of the hearing. There is a barrier on parties cross examining each other where there is evidence of abuse.
It will however the decision of the court as to whether the special measures are applicable in your case.
A pragmatic approach is advised if you are being accused as the perpetrator of domestic abuse and not to oppose an application for Special Measure. It is a decision of the court and if the Special Measures helps the other side participate in the proceedings, then challenging this may prove counter productive for your case.
It is advisable to make an application for Special Measures as soon as you have notice of the proceedings, so this can be considered by the court and put into place on the day of the hearing. Special Measures provisions should be recorded on a court order to enable you to contact the court ask them to action this in advance of a hearing.
