An academic from Lancaster University Management School has recently presented her research findings to officials across government.
Dr Sharon Lemac-Vincere (Entrepreneurship & Strategy) dedicated her PhD to exploring the experiences of women from abusive domestic relationships throughout family court proceedings.
Her findings suggest women are treated differently in family courts when compared to other legal proceedings. If taken to court for custody or child contact by a male partner, from the moment a woman seeks advice - before even stepping foot into court - she is faced with a narrative of 'enforcement' - action taken against mothers if they fail to comply with court orders and enable children to have contact with their fathers.
"Where domestic abuse is alleged and a woman's partner takes the first step and starts proceedings, the woman is immediately disadvantaged," Dr Lemac-Vincere explains.
"The very start of the process sets the tone for their experiences throughout. Women tend to be advised that they should go along with the terms set out by their partner, or else risk losing access to their children completely or risk being found in contempt of court. This would strike fear into the heart of anyone, let alone an individual in an abusive relationship.
"My research suggests the law in this specific area is routinely misapplied - and highly misogynistic."
Dr Lemac-Vincere's research took place over the course of three and a half years between 2017 - 2021 and involved a thorough review of court judgements, statutory instruments, documents from the Ministry of Justice, Freedom of Information requests, surveys, as well as interviews with mothers, legal professionals and the Right Honourable Lord Wilson, while he was a Supreme Court Justice and a member of the highest court in the UK (he has since retired).
The following are among the study's key findings:
● Court 'enforcement' disproportionately impacts women in this scenario
● Criminal language is used by courts in child contact disputes
● 'Enforcement' in the case of family courts can be understood as a domestic abuse tool
● Documentation produced by courts is not understandable to the non-legally trained, leading to confusion amongst parents
Dr Lemac-Vincere shared her findings as part of a guest speaker series for officials across government.
Dr Lemac-Vincere said: "I am delighted to be given an opportunity to present to government officials and hope that my research will help to increase awareness and bring about positive change for family court proceedings in future."
