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Title: Introduction: Contact and domestic abuse
Authors: Kaganas, FR
Barnett, A
Hunter, R
Keywords: Child arrangements;Domestic abuse;International approaches;Practice Direction 12J;Presumptions against custody;Presumptions against unsupervised contact
Issue Date: 2018
Publisher: Taylor & Francis
Citation: Journal of Social Welfare and Family Law, 2018
Abstract: This article introduces the special issue of the Journal of Social Welfare and Family Law on Contact Disputes and Allegations of Domestic Abuse. It first describes the aims and findings of the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices at which the papers in the special issue were originally presented. It then outlines the position in England and Wales regarding allegations of domestic abuse in child arrangements cases, highlighting the difference between the ‘law in the books’ and the ‘law in action’. Thirdly, it discusses the research evidence on another prominent international approach to domestic abuse allegations – legislative presumptions against custody or unsupervised visitation/contact for abusive parents. The experience of presumptions in the USA and New Zealand suggests that a similar gap between ‘law in the books’ and ‘law in action’ exists, together with potential problems of legislative drafting. Finally, the article outlines the contributions of the other papers in the special issue to our understanding of international approaches to ensuring safety for children and resident parents in family proceedings where allegations of domestic abuse are raised.
ISSN: 0964-9069
Appears in Collections:Dept of Politics, History and Law Research Papers

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