Domestic abuse victims ‘unheard’ in private law family court system

Victims of domestic abuse feel “unheard and unsupported” in the private law family court system, a report has found.

The commissioner designate for victims of crime in Northern Ireland, Geraldine Hanna, has called for a transformation of the system.

It follows the publication of a report titled Totally Invisible: The experiences of domestic violence and abuse victims/survivors and children engaging with private law family court processes in Northern Ireland.

The report says victims say they feel unheard and unsupported, some describing the process as retraumatising, which underlines the need for a more victim-centred approach that prioritises safety and wellbeing.

The findings include that many victims encounter barriers when engaging with private law family courts, including, among some professionals, a lack of understanding of domestic abuse dynamics.

Inconsistent application of safeguarding measures and delays and complexity in proceedings, which can exacerbate trauma and prolong exposure to risk, are also raised.

Ms Hanna described a “pivotal moment to transform family courts into spaces of safety and justice”.

“There is a better way, we can have a private family law system that truly serves the safety and wellbeing of domestic abuse victims and children in Northern Ireland,” she said.

“The courage of the victims who came forward to speak to the researchers is phenomenal, especially the young people involved. We owe it to them to make things better.

“One of the victims in this report described victims of domestic abuse as ‘totally invisible’ in our private law family court system. I hope this report is a first step in making those victims feel seen, heard and valued.”

Mary-Louise Corr, Centre for Children’s Rights, Queen’s University Belfast, said they were grateful to all who contributed to the research.

“Our research shows that gaps in understanding shape experiences of the family court processes, particularly where experiences of domestic violence and abuse are disregarded and victims/survivors feel their fears and concerns have been dismissed,” she said.

“While professionals’ express commitment to children’s participation, current practices often fail to genuinely listen to children’s views, leading to a disconnect between professional understanding and children’s actual experiences.

“A presumption towards contact with an abusive parent also neglects to consider the multiple impacts of contact on children and their resident parent.

“Meaningful reform will require a decisive and adequately funded shift towards trauma-informed, victim/survivor and child-centred processes, grounded in an enhanced awareness of the cumulative impacts of DVA.”

Justice Minister Naomi Long said she was committed to improving experiences, and thanked Ms Hanna for the research.

“I know from speaking to survivors of domestic abuse how difficult this can be. However, their voices are crucial in ensuring their interactions with the justice system do not add to their trauma but instead help them on their road to recovery,” she said.

“I am committed to improving the experience of domestic abuse survivors during family court proceedings and will work with my ministerial colleagues who share responsibilities in relation to family justice as we continue efforts to enhance and build upon the services already available.”

Health Minister Mike Nesbitt added: “I would like to thank all of the participants who gave their time to take part in this important research, many of whom shared their lived personal experiences which, unfortunately, were not always positive.

“I recognise the significant courage it has taken to speak about such experiences, and I assure you that this contribution will inform learning and any future reform.

“My department will take time now to consider the report’s findings and recommendations and how these can be taken forward in partnership with other government departments.”