Legal practice says risks to children need to be managed as domestic abuse cases rise during COVID-19 outbreak
A WESTCOUNTRY legal practice says children are at risk of harm as cases of domestic abuse rise during the COVID-19 outbreak (May 2020).
UK domestic abuse charity, Refuge, reported a 700% increase in calls to its helpline during the crisis. Experts at Children in the Middle say there may need to be applications to the courts to manage risks to children.
Family barrister, Elizabeth McCallum, who is the co-founder of the legal service Children in the Middle, along with her fellow Exeter barrister Sarah Evans, said: “As it has been widely reported recently, cases of domestic abuse have risen during the current lockdown restrictions.
“The protection and care of children remains as important as ever during these times and especially in cases where parents are divorcing or separating, and childcare arrangements are being made. Where domestic abuse is a feature of a parental relationship, often one of those parents will have to make an application to the court about the care of the children. The court will then investigate and decide whether each parent spending time with the children can be managed safely.
“Children who grow up and witness domestic abuse or violence are more likely to be victims themselves and grow up in fear. This is a serious matter considered by the courts when it comes to childcare arrangements and can lead to a ‘fact finding hearing’ where a Judge, after hearing evidence from both parents, makes a decision about whether or not certain events, or facts, happened.
“Usually, although not always, the events in question are harm to the child by one or both parents or domestic abuse or coercive control by one parent against the other. The Judge will try to work out what has gone on in the past. That way the risk of future harm to the child or parent can be more thoroughly assessed.
“If you are a parent trying to see your child and you have findings made against you by a Judge, the consequences to your future relationship with your child can be really serious.
“Alternatively, if you are a parent who believes the other parent has harmed your child in the past, and you do not raise this properly within a court case, you risk more harm to your child in the future.”
Children in the Middle is a unique legal service. It is the only practice solely specialising in offering separating or divorcing parents, wishing to make arrangements to see their children, direct access to barristers, inside and outside court, nationally in England and Wales.
In the past, a solicitor was required to instruct a barrister, but due to rule changes under the Public Access Scheme, members of the public are now able to instruct barristers direct.
Shared care is now increasingly common. In many cases it offers a better solution for both parents and children. Making shared care arrangements can sometimes be fairly straightforward, but it can also involve a number of complex issues and may require careful negotiation between parents, or even court proceedings.
Elizabeth added: “The COVID-19 outbreak has been a huge disruption to everybody’s lives. We’d like to reassure people who are in the midst of separating or divorcing and receiving help regarding the care of their children, that we are here to assist you with your legal problems.
“Courts are currently operating virtually and as we have always worked remotely, we are very well placed to continue to represent or advise people.”
Children in the Middle is expert in this field with a wealth of experience in handling these complex and sensitive disputes.
Sarah, who has been a family law specialist for more than 30 years, says: “As experts in making child arrangements following divorce and separation, we’re on hand to advise both parents and to work towards a sensible resolution. No matter how challenging your circumstances, we can guide you through making care arrangements that work for you and your children. We offer creative, practical solutions to even the most difficult problems, so you and your children can move forward in a positive way.
“The particular needs of your family and the wellbeing of your child are our top priorities. Wherever possible, we will help a parent reach a voluntary agreement with the other parent over the arrangements for their child.
“But, if court action is required, as barristers, we can provide the experienced representation a parent needs for every stage of the proceedings, from initial advice, drafting an application to the court, representation at hearings and preparation of witness statements and evidence.
“However, as a parent you may just need one virtual meeting with us, so we can give you advice and guidance on the best way forward for you and your child.
“Most of our work is done remotely, which means geography is not a barrier. It also means that we keep our overheads down, a benefit we can pass on to the client. What we offer is affordable, expert legal advice about your children.
“By having direct access to us, you can save money by managing your own case through handling the admin and the paperwork, while still benefitting from specialist legal advice from a barrister, who is a children’s law expert.”
Elizabeth has practiced in this area of law for more than 14 years. She initially qualified as a barrister, then transferred to become a family solicitor. More recently, she has resumed her career as a barrister.
Sarah has a wealth of experience having spent time as a family lawyer working in the USA, Scotland and London before joining Magdalen Chambers in Exeter as a barrister.
As well as assisting with court cases, Children in the Middle can offer assistance with appointments and preparing court documents to parents living anywhere in England and Wales.
“We have more than 45 years’ combined experience in the children law field and we aim to offer creative, practical solutions in even the most difficult situations.”
For further details, please visit www.childreninthemiddle.co.uk.
