A case in which a mother blocked the father from having contact with their son over grounds that the father was domestically abusive and had raped her, will now go to a fact finding hearing.

The mother lost custody of her four year old son after making the claims in court.

The initial ruling raised concerns after the the judge overseeing the case said the woman had not been raped because she had not fought back during the encounter.

Judge Tolson was criticised by the mother and her legal team for failing to make factual determinations on the several allegations around domestic violence raised by the mother, and for his outdated views on rape.

Established research confirms that victims of rape often freeze or become passive when being attacked.

The case was heard in the Family Division of the High Court last Thursday, where Ms Justice Russell said a new fact-finding hearing would take place and would be handled by another judge.

Our question this week, is just this: should parents who are found guilty of domestic abuse, or rape, be allowed to have contact with their children?