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Catastrophic”

A qualitative exploration of survivors experiences of expert instruction in private law child arrangements proceedings

Bibliographic Data

ID12284205
AuthorsRachael Grey (0009-0002-2236-3040, Brunel Law School, Lancaster University, London, UK, corresponding author)
Year2023
Volume45
Issue4
Pages344-362
Publication date2023-10-02
Open AccessYes
TypeARTICLE
VenueThe Journal of Social Welfare Law (JOURNAL)
Journal identifiersISSN: 0141-8033 • E-ISSN: 1469-9621
PublisherTaylor & Francis (PUBLISHER • GB)
DOI10.1080/09649069.2023.2281832
OpenAlexW4388910480
LanguageEN
Citations received4
References cited9

This article explores the lived experiences of female survivors of domestic abuse when an expert had been instructed in private law family court proceedings in England and Wales. It considered survivors' lived experiences from the moment that an expert was suggested to the expert report outcome. The study found that when the family court has made no findings of domestic abuse the court's focus shifts from the perpetrator to a survivors' behaviour. Survivors described that, despite their reservations, they considered the expert assessment to be the last opportunity for a professional to recognise the domestic abuse and change the court's opinion. Survivors found that their natural brain's response to trauma, due to abuse, was repackaged and (mis)diagnosed as disordered behaviour. Expert reports recommended psychological treatments that were often conditional to any future changes to child arrangements in their favour. Further, survivors' lived experiences described how perpetrators were able to harness the legal mechanism of child removal and use it as a form of post-separation coercive control, often supported by the expert. Overall, survivors' lived experiences raised serious professional and safeguarding concerns, as well as ethical issues about the role and impact of the expert in private law child arrangements proceedings

Domestic violence · Expert opinion · Expert witness · Family court · Family law · Medical emergency · Poison control · Political science · Safeguarding · Suicide prevention · Child Abuse and Trauma · Homicide, Infanticide, and Child Abuse · Intimate Partner and Family Violence · Law · Medicine · Nursing · Psychology

  • Pilot analysis of Right to Equality’s ‘Family Court Blog’

    Open Access•Allison Rogers Quinlan•The Journal of Social Welfare Law•2026

  • We have lost our humanity’

    Open Access•Sonja Ayeb-Karlsson•The Journal of Social Welfare Law•2024

  • Let’s excuse abusive men from abusing and enable sexual abuse’

    Open Access•Elizabeth Dalgarno, Donna Bramwell et al.•The Journal of Social Welfare Law•2024

  • Being made visible

    Open Access•Rachael Grey•The Journal of Social Welfare Law•2024

  • Child removal as the gateway to further adversity

    Open Access•Karen Broadhurst, Claire Mason•Qualitative Social Work•2020

  • Recommendations for Dealing with Parents who Induce a Parental Alienation Syndrome in their Children

    Richard A Gardner•Journal of Divorce & Remarriage•1998

  • I was punished for telling the truth’

    Jenny Birchall, Shazia Choudhry•Journal of Gender-Based Violence•2021

  • Coercive control of women as mothers via strategic mother–child separation

    Laura Monk, Erica Bowen•Journal of Gender-Based Violence•2020

  • Implacably Hostile or Appropriately Protective

    Open Access•Christine Harrison•Violence Against Women•2008

  • A genealogy of hostility

    Adrienne Barnett•The Journal of Social Welfare Law•2020

  • Picking up the pieces

    Rosemary Hunter•The Journal of Social Welfare Law•2013

Citations per year2
Citation span2024 - 2026 (3)
Highly citedNo

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Open DOIOpen Access
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