Domestic Violence and Family Law

Abstract

How are agencies such as Children and Family Court Advisory and Support Service (CAFCASS), Swedish local authority social services and courts in England and Wales and Sweden responding to the situation of children who are exposed to domestic violence and at the heart of a family law dispute? Violence against women was made visible as a social problem, and placed upon the political agenda, already in the 1970s. Yet it took some time before practitioners, policy makers and researchers started to pay attention to the situation of children living with this violence. This is especially true in the area of family law. This chapter discusses recent developments in policy and practice as a response to an increased recognition of domestic violence also as a form of child maltreatment when it comes to legal disputes between parents regarding children. Looking at changes to policy and law in the last decade especially, it is argued that a process of increased visibility and focus on safety of children is evident at a policy level in both England and Wales and in Sweden. However, it is uncertain to what extent such a positive development can be seen when it comes to children in pre-school and school. We also note that there has not been a programme in either country to ensure the full implementation of safety-oriented reforms. So far, policy makers have been paying very little attention to the challenges awaiting the professionals tackling this kind of complex cases in their everyday practice.