Family Law News Edinburgh

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Child contact and domestic abuse

Recent research released by Scotland’s Commissioner for Children and Young People has revealed that over half (55%) of children caught up in contact disputes between parents where domestic abuse is alleged to have taken place no longer wish to have contact with their non-resident parent. In the majority of these cases, the non-resident parent is their father.

The wishes expressed by children were more likely to be taken into account where the child was older. The study found that for children aged 13 and over, where abuse was alleged, their views were taken into account in 100% of cases. This figure fell to 71% for children aged between five and eight.

Commenting on the findings, Tam Baillie, Scotland’s Commissioner for Children and Young People said:

“Contact between a parent and a child often becomes a very fraught and emotive issue, never more so when there are also allegations of domestic abuse.

“While it is encouraging that the courts in Scotland do make efforts to gather the views of children in court disputes over contact, the majority of children in the cases examined in this report are very young (half aged six years or younger).

“They are therefore particularly vulnerable and require sensitive questioning to gauge their perspective.

“Findings such as this – and others in the report – will help me to plan and commission future research into how children’s views are taken and what improvements can be made in cases involving domestic abuse.”

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