Family Solicitors

Women’s Aid and Queen Mary University of London have conducted a study into domestic abuse, human rights and childcare proceedings in the family courts, finding that 24% of women surveyed had been cross-examined by their abusers in court. This comes a year after the government promised to stop this practice in family courts, pointing out that it would not be allowed in criminal courts since it exposes victims to undue trauma and distress.

Children made the subject of care proceedings in Family Courts where allegations of domestic abuse have been brought are at risk due to this on-going practice. Family courts are failing in their duty to protect victims of domestic abuse from cross-examination by their alleged abuser, enabling an open forum within which the abuser can question their victim according to their own agenda.

This in itself risks injustice in that it can limit the court’s ability to deduce the facts of the case, potentially enabling abusers to remain in contact with children made subject to these proceedings.

Family Court Judges can already take the discretionary route to cross-examine both parties themselves when they attend without legal representation.

The Prison and Courts Bill, which was due to be put forward for primary legislation last year, was dropped ahead of the June 2017 general election in anticipation of the dissolution of the government. Under the Bill, Family Court Judges were to be given extra powers enabling them to appoint legal aid solicitors in a bid to prevent abusive partners from cross-examining their victim in court.

Without this coming to pass, family courts are still allowing this unfair practice, leaving victims vulnerable to further abuse and the children at risk of further contact with the alleged abuser, in the event that the allegations cannot be reasonably proven through biased cross-examination.

Victims have spoken out about their treatment in court, expressing their regret that their case was heard in such a terrifying environment.

Catherine* was cross-examined by an ex-partner, who she had a restraining order against, as part of care proceedings. The Respondent was a self-representative litigant, whilst she was represented by legal counsel. Not only was he abusive towards her, but he used distasteful language when addressing her barrister. This was allowed and it was ruled that he could have indirect contact with the child.

Shazia Choudhry, Professor of Law at Queen Mary University, states:

“[This] is evidence of the family courts failing in their responsibility to prevent and investigate acts of violence towards these survivors, and facilitating or failing to challenge a climate of gender discrimination within the courtroom. The findings of this research are deeply concerning and require urgent attention from both the judiciary and the legal profession.”

In extreme cases, the resulting child contact allowed by family courts which have enabled this practice has had devastating consequences.

Ms Throssell attended the Family Courts in an attempt to prevent her abusive ex-husband from having contact with their sons. The proceedings were dominated by Ms Throssell’s ex-husband, who hurled abuse at her and behaved aggressively. It was a time after this that he attended the family home unsupervised and set fire to the house, killing both their sons.

“I lost my sons three and a half years ago. [My son’s] voice was never heard in court. He would have said he didn’t want contact with his father. It all starts in the family court and they are not getting it right,” she says.

The fact that victims of domestic abuse are not offered the support of protection they need in the family courts proves it is failing in its purpose.

As the largest legal aid provider in the UK, Duncan Lewis are able to assist victims of domestic abuse. We have a dedicated confidential legal helpline for those who wish to discuss their matter on 0800 689 3275. Anyone who has suffered through domestic abuse will usually be afforded free legal support once the required evidence has been submitted.

This may include:

• GP letter or letter from a health professional;


• Police crime number or letter from police;


• Evidence from a housing officer.

Emine Mehmet, Director of Family and Childcare Law at Duncan Lewis, is committed to assisting the most vulnerable and ensuring access to justice. Emine qualified as a Solicitor in 2003 and a Law Society accredited children law panel member in 2011. She is recommended as a specialist for her London Family work by the independent legal directory, The Legal 500 UK. Her practice comprises of a broad range of privately and publicly funded (legal aid) family and childcare matters including: care proceedings; domestic abuse matters; private law children disputes; divorce and ancillary relief; and cohabitation disputes.

For expert advice, call Emine on 020 7275 2799 or email her at emineme@duncanlewis.com.

Duncan Lewis Family Solicitors

Headed by 19 Director Solicitors, and boasting over 51 Law Society Family & Childcare Panel Specialists, the Duncan Lewis Family & Childcare department are specialists in all aspects of family and private/public children law matters from offices across London and throughout the UK.

Recognised by Legal 500 2017, the team holds a niche practice in representing victims of domestic abuse and is significantly experienced in complex financial matrimonial matters (ancillary relief) relating to the breakdown of a marriage/relationship.

With a broad practice representing parents, family members and children through their guardian in all children public law proceedings and conducting cases on behalf of the official solicitor. The Duncan Lewis’ Family & Childcare team are also specialists in high profile international child abduction cases, with an extensive practice in inherent jurisdiction/forum disputes, international relocation cases and wardship proceedings for the return of children. We are one of only a small number of firms throughout the UK that is on the Lord Chancellor’s International Child Abduction & Contact Panel (ICACU), which is responsible for administering Hague Convention (Child Abduction) proceedings work in England.

Since 2013, Duncan Lewis has an established Islamic & Sharia Law team which specialises in Islamic Divorce, Islamic Financial Settlement & Mahr Claims under English Law.

To speak to a specialist family/ childcare solicitor call Duncan Lewis on 0333 772 0409. Call our domestic abuse helpline on 0800 689 3275.

*Her name has been changed to protect her identity.