LG, as I was going out this morning there was a bit on the car radio about just what you are saying. It was on Women's Hour.
Guests: Polly Neat, CEO, Women’s Aid (PN)and Elspeth Thompson, Family lawyer in Newcastle (ET)
Interviewer: Jennie Murray (JM)
JM: Elspeth, the same judge is presiding over the family court as presided over the criminal case. How likely is that?
ET: In my experience very unlikely. I was surprised to hear that last night although judges have transferable skills, it's very rare that you would see a Circuit Judge sitting in a Criminal Court and sitting in a family court the next week.
JM: It’s also all happening very quickly. How long would it all take in a real case?
ET: Much longer. As an Archer’s fan I am very pleased we are being put out of our misery sooner rather than later but, in the real world, it would take weeks if not months to get all the evidence together and get court time to deal with the issues.
JM: Now how much, again in a real case, would a judge, knowing a background of coercive control and rape, even if he or she had not sat on the criminal case but knowing the background, take account of the father’s behaviour in making a contact decision?
ET: Well there’s a piece of law call Practice Direction 12J which sets out exactly what the court needs to do if they have got reason to believe there has been domestic violence or abuse and this piece of law explains very clearly that includes controlling behaviour and coercive control and arrangements have to be made, firstly to work out what’s happened and what the factual basis is and then secondly to work out whether it is safe for the child or for the parent looking after the child.
There is much more here but this gives a flavour and answers some of the questions. There is something about Helen's mental health which is interesting and then Polly neat explains about reality. It is here and is right at the beginning.
There is a bit about how a 'Rob' would act too and about the likelihood of the abuse of a child.
Sorry for any errors!