A (Domestic abuse: incorrect principles applied): Outdated attitudes to abuse
Photo by Tingey Injury Law Firm on Unsplash A quick post on perhaps the first domestic abuse case reported since the passing of the Domestic Abuse Act 2021: A (Domestic abuse: incorrect principles applied) . The case concerned an appeal by a mother against a fact-finding order dismissing her allegations of abuse against the father, made in a contact dispute. As His Honour Judge Ahmed, hearing the appeal, said: "In this case, fundamental principles were not implemented and principles, and outdated attitudes which have no place in the Family Court, were imported." He also said: "In this case there was a constellation of failures in the [district] judge's consideration of the domestic abuse issue, including whether certain conduct constituted abuse." The failures included: 1. Applying criminal principles in the DJ's consideration of alleged physical abuse of the mother. 2. The DJ referring to and relying upon what he considered to be the absence of violence
