Could somebody explain why children being in a home where DV occurs is considered emotional abuse, yet when it is raised in court DV is dismissed as 'historical' and 'not impacting on the children'

[TheDevilWearsPrimark]

I am puzzled.

I have bought lots of social work and family law books and this just seems a contradiction.

Sorry my op isn't clear, I mean once you have separated and it is raised in court.

I dont understand that either, just wanted to add my support for you as I saw your other thread.

What does your solicitor say?

Exactly that, the judge will not hear it as it is 'historical' . But surely my exH's police cautions should show something about the 'father' he is.
Sorry I didn't mean this thread to be another rant about my case, more of a ponder.

No idea, just wishing you the best of luck :).

Have you got a CAFCASS worker - they should take the past DV into consideration.

No, I don't understand it and it should not be. I would have thought it is perfectly reasonable for a child not to want to spend time with a man known to be violent (even if to others): who would want that?

i was going to say the sam ,Laisee. it should be a cafcass officer looking in to it

mine was used alot in court.....alot of that was due to it carrying on in new relationships after me.

hi. well, ive been trying to get my head around this one for years. it is astonishing and sickening that whilst courts preach they put child's welfare first, they do in fact NOT. they put dad's wishes first, and DISMISS dad's abusive behaviour against mum time after time after time again.

I left my husband in Feb 2008 due to severe psychologicaly abuse. I attended women's aid meetings weekly, which were very helpful and supportive though sometimes depressing given one commonality among us women - all of us were being crucified by the legal system and the courts.

it is ironic that, first you leave an abusive man to protect your children, but then the state puts your kid right back in the lion's den in the name of fathers rights.

been there, have the t shirt. it sucks. feel free to email me if you want to chat. youre not alone in this.

I don't get it either, my advice just follow the law if it is involved in you life and don't fight against it no matter how much you feel you should, the idea is to get out of the legal rubbish with the ex as painfree and quickly as possible, cafcass in my case just don't seem to care!

Is it because the violence was against the woman not the children, so once they are separate, the violence stops, and the children are not in danger of witnessing violence or having violence against them - as it never was against them?

Just trying to see it from a male illogical angle..

mine was emotional, and it went on at handovers, he loved the opportunity to have a go at me where there was no evidence and put me down.... solicitor told me to ignore him, what an atmosphere for kids, court were just not interested....

because if the violance was in the past and the parties involved with such violance no longer live together then the children are no longer at risk from said abuse.

Also the abuse would have been raised in teh initial residency hearings so will no longer be relevant in your case where he has breached the order/ attempting to have a new order made

My sister went through this: DV cited on the divorce papers, then CAFCASS dismissed it totally, even though he has a history of violence with other people, not just my sister.

Her barrister went as far as to say that he felt that the court was prejudiced against my sister, though she certainly is not a shit-stirrer and has never broken the contact agreement that has been put in place :(

Very similar happened with me. Exh went to court to get increased contact. Despite a conviction for DV and proven evidence of him being less than capable of looking after dd2 (severe SN), the judge didn't want to look at the past and exh pretty much got what he wanted.

Fast forward 2 years and exh is only minimally interested in seeing his kids, so the whole thing seems to have a been a colossal waste of time and money .