“You have been working with a family for some time when the parents separate. You are aware that there is a history of domestic oppression. Initial contact arrangements do not work out well and the mother seeks your advice.”

“She tells you that the children are finding the separation difficult but that they also found the violence frightening when the parents were together. She says that whilst she realises that the children should have contact with their father, she finds it very difficult to cope when they return because they are so wound up. The mother tells you that although she thinks the children might have been harmed because of the violence when the parents were together, they are also being harmed now because of what their father says to them to get at her”

Now you need to decide what to do in this situation, select from the options below:

  1. Do you focus the discussion on looking for the option which is most likely to safeguard and promote the welfare of the children?
  2. Do you seek the advice of your manager on how the local authority usually engages in contact disputes?
  3. Do you consider how the right to protection of private and family life (Article 8, ECHR) might guide actions and decisions in the situation?
  4. Do you research case law on contact to investigate the impact that evidence of domestic oppression has had on judicial decision-making?

A. This answer shows that you have a tendency toward needs orientation

B. This answer shows that you have a tendency toward procedural orientation

C. This answer shows that you have a tendency toward rights orientation

D. This answer shows that you have a tendency toward technical orientation

Before you move on to the next situation, test your knowledge of key aspects of law that are relevant to this situation by answering the question below.

Judges have shown themselves unwilling to consider the impact of contact on the resident parent (usually the mother) and evidence of domestic oppression, preferring instead to prioritise the child’s contact with the non-resident parent (usually the father).

The Correct answer is False

Re L (a child) (contact: domestic violence), Re V (a child) (contact: domestic violence), Re M (a child) (contact: domestic violence), Re H (children) (contact: domestic violence) [2000] Court of Appeal, The Times, 22 June – Courts should consider the conduct of all parties towards each other and the children, the effect on the children and the residential parent, and the motivation of the parent seeking contact. Any risk to the child should be minimised and the safety of the child and the residential parent secured.

It is not possible for the social worker to apply for an injunction to remove the perpetrator of the assault from the older person’s home? True or False?.

The Correct answer is True

ReFamily Law Act 1996, as amended by the Domestic Violence, Crime and Victims Act 2004, provides for non-molestation orders and occupation orders, in order to provide personal protection to an applicant. Social workers, however, are in the position of providing advice about what legal measures are available and how they might be activated.