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1 – 10 of 361Domestic abuse presents significant challenges for legal systems around the world. In England and Wales, victims of domestic abuse sometimes find that they are pulled in different…
Abstract
Domestic abuse presents significant challenges for legal systems around the world. In England and Wales, victims of domestic abuse sometimes find that they are pulled in different directions by multiple legal interventions in the criminal, civil, and family justice spheres. This is often due to inadequate information and evidence sharing but also inconsistent approaches and court orders. The “Harm Panel” report published in 2020 examined the approach of the family justice system in child arrangement cases involving allegations of domestic abuse. It found “silo working” was one of four structural barriers contributing to unsafe processes and outcomes. The Harm Panel provided renewed impetus for a policy to introduce integrated domestic abuse courts (IDACs) to address the problems of fragmented legal responses. There has previously been one unsuccessful attempt to introduce an IDAC in England Wales. This chapter will explore what went wrong and whether the evidence base for IDACs in other countries supports another attempt.
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This paper investigates why mothers are losing to fathers in contested child custody battles that have occurred between 1980 and 2003. It employs quantitative, qualitative, and…
Abstract
This paper investigates why mothers are losing to fathers in contested child custody battles that have occurred between 1980 and 2003. It employs quantitative, qualitative, and contextual strategies to understand the complex set of forces involved. The findings suggest that single mothers and children are increasingly trapped in a war zone between cost conscious policymakers ideologically opposed to the welfare state, angry fathers shouldering the burden of a shift from public to private transfers of funding in the form of child support, religious zealots intent on turning back the clock to a mythical patriarchal Eden, and the legal doctrine of gender neutrality reflecting these political forces.