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this follows on from another topic I replied to – I think it helps to look at what the rights are that are being upheld for abusive men as below – as you can see there are a lot of loop holes that can and could be fought for especially when child protection is concerned – it is clear when you read these human rights that they do apply non abusive men – I think this is worth scrutinising for those that are going through child custody xxxx
Article 8 protects your right to respect for your private and family life
Article 8 protects your right to respect for your private life, your family life, your home and your correspondence (letters, telephone calls and emails, for example).
What is meant by private life?
You have the right to live your life privately without government interference.
The courts have interpreted the concept of ‘private life’ very broadly. It covers things like your right to determine your sexual orientation, your lifestyle, and the way you look and dress. It also includes your right to control who sees and touches your body. For example, this means that public authorities cannot do things like leave you undressed in a busy ward, or take a blood sample without your permission.
The concept of private life also covers your right to develop your personal identity and to forge friendships and other relationships. This includes a right to participate in essential economic, social, cultural and leisure activities. In some circumstances, public authorities may need to help you enjoy your right to a private life, including your ability to participate in society.
This right means that the media and others can be prevented from interfering in your life. It also means that personal information about you (including official records, photographs, letters, diaries and medical records) should be kept securely and not shared without your permission, except in certain circumstances.
What is meant by family life?
You have the right to enjoy family relationships without interference from government. This includes the right to live with your family and, where this is not possible, the right to regular contact.
‘Family life’ can include the relationship between an unmarried couple, an adopted child and the adoptive parent, and a foster parent and fostered child.
See also the right to marry.
What is meant by home?
The right to respect for your home does not give you a right to housing. It is a right to enjoy your existing home peacefully. This means that public authorities should not stop you entering or living in your home without very good reason, and they should not enter without your permission. This applies whether or not you own your home.
See also the right to peaceful enjoyment of property.
Are there any restrictions to this right?
There are situations when public authorities can interfere with your right to respect for private and family life, home and correspondence. This is only allowed where the authority can show that its action is lawful, necessary and proportionate in order to:
•protect national security
•protect public safety
•protect the economy
•protect health or morals
•prevent disorder or crime, or
•protect the rights and freedoms of other people.Action is ‘proportionate’ when it is appropriate and no more than necessary to address the problem concerned.
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Rights for women page…
If your abuser started the abuse before 29th December 2015 and the behaviour continued after that date then he could be charged for the behaviour after 29th December 2015. He cannot be charged for the behaviour before 29th December 2015, but it can be helpful in showing his bad character and it can support the case against him. -
If you are associated to your abuser you may also wish to apply to the Family Court for a domestic violence injunction to protect you from further abuse or to exclude your abuser from your home. You can apply to the Family Court for a domestic violence injunction, whether or not you choose to report the abuse to the police.
You are associated to your abuser if you and your abuser:
are or were ever married, engaged or in a civil partnership
are or were living together (including as flatmates, partners, relations)
are relatives, including: parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
have a child together or have or had parental responsibility for the same child
are or were in an intimate personal relationship of significant duration -
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CPS:
Understanding Controlling or Coercive Behaviour
In September 2012 the Government published guidance which may assist prosecutors to better understand the nature and features of controlling or coercive behaviour.Domestic violence and abuse is defined as:
“Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional.” [Domestic abuse guidelines for prosecutors]
The definition is supported by the following explanatory text:
“This definition, which is not a legal definition, includes so called ‘honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.”
The Government definition also outlines the following:
Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim
Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour -
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The more I read – I’m on the CPS page too – the more I believe the civil law (family courts) isn’t strong enough on its own against perpetrators, the survivor is protected ( with non-mol, occupation order etc) but the child hardly since contact is ordered therefore exposing her to the abuse of the perpetrator.
On CPS it clearly mentions the child’s rights against Coercive Control as well.11. Children and Young People Act 1933 and the Position for under 16 year olds
The Statutory Guidance states that the new offence [coervice control] would not apply where ‘the behaviour in question is perpetrated against a child under 16 by someone aged 16 or over who has responsibility for that child (subsection (3)). This is because the criminal law, in particular the child cruelty/neglect offence in section 1 of the Children and Young Persons Act 1933 as amended by section 66 of the 2015 Act, already covers such behaviour.’So on the Legislation gov uk website you can find the Children and Young Persons Act 1933, I’ve tried to copy-paste section 1 but it does’t let me. Here is an extract;
Part 1
Prevention of Cruelty and Exposure to Moral and Physical Danger
….in a manner likely to cause him (not her?!what’s wrong with these people!) unnecessary suffering or injury to health (wether the suffering or injury is of a physical or a psychological nature) that person shall be guilty of [an offence] and shall be liable…
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well it definitely looks like its in there maybe it needs to be pushed with the lawyers fighting for us. i presented my lawyer with the new practice direction the 12j one so the one that is supposed to be used in cases of domestic abuse history (although its not historical its still abuse by proxy thru the kids) she said we couldnt use it but why not? i think there is definitely a shift now tho looking at some recent press stories xxxx
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After reading this I would say I def have a case DM. I can provide the patterns and the effects. Made me think that I need to show this the solicitor and pull off some of the pattern examples and the effects; but it should be the police that investigate – says this in the info – which makes sense – when you consider the state of the victims head; they also needs to establish the facts, not he said she said again; because he will deny it of course and lie – even this is acknowledged in the literature as typical.
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