A new protocol issued by the the Designated Family Judges in London and the South East, offers guidance on how to process domestic abuse applications being made outside the applicant’s area.
A good summary of the key points in the protocol, produced by Lexis Nexis, is added below:
• an applicant for an urgent order under the Family Law Act 1996 (FLA 1996) is entitled to go to any court, ie the first available judge of the family court
• an applicant for an order under the FLA 1996 and the Children Act 1989 may be living in an area unknown to the respondent and may wish to apply in a court in a different area to maintain that confidentiality
• the courts in the South East and London will assist any applicant with good reason to apply in their court of choice and will not encourage or direct that the applications should be issued in or transferred to the local court
• where confidentiality is claimed by an applicant, before the application is issued, the court shall confirm with the applicant their choice of court and note the file to avoid any unnecessary transfers to any other courts
• where confidentiality is claimed by any party, the court will not transfer the case to another court without first receiving a formal application for transfer (Form C2) which has been served on all of the relevant parties
Domestic Abuse Protocol (Full text)
Support for Victims of Domestic Abuse (House of Commons Library)
Ian Josephs said:
You will often hear the”SS” and their allies proclaim “children’s voices will be heard” !
In fact of course the judges who judge them never bother to speak to the children in care that they judge . The so called guardians rarely bother to speak to the children they “guard”, and the tame psychologists so beloved by the “SS” prefer to rely on reports from social workers rather thah the parents and children whose future so often they determine.
Would the children be traumatised by coming to court or are they more likely to be traumatised by having their views ignored and their opinions disbelieved?
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