Mr Patsy McGlone (Mid Ulster): To ask the Minister of Justice to detail any steps she is taking to prevent the misuse of civil and family court proceedings as a form of post-separation abuse and coercive control.
Minister of Justice: I am aware of concerns raised by victims of domestic abuse whose former partners have exploited legal proceedings, particularly in the family courts, as a means to perpetuate abuse and control. However, my Department has few levers to effect substantive change to the family justice system as the Department of Finance has policy responsibility for substantive private family law, and social services input to private family law cases comes under the remit of the Department of Health.
I am, however, bringing forward improvements on matters which do come within my Department’s responsibilities, primarily through the Enabling Access to Justice Reform Programme.
As part of that Reform Programme, in March, I launched an engagement process on civil legal aid reform. These proposals have the potential to impact positively on vulnerable citizens, such as victims of domestic abuse who may be suffering further abuse and financial stress as a result of family proceedings being used maliciously. Options within the proposals include the introduction of a new, simpler, fairer approach to financial eligibility testing and a new approach to merits testing that would limit repeat contact and residence applications within the family courts, that could be used to perpetuate abuse. The engagement period has now closed, and I will issue a report on the findings and proposed next steps in the coming weeks.
I am also keen to work collaboratively to improve the family justice system where I can do so. I have, therefore, agreed to my Department participating in the cross-departmental, multi-agency Family Court Pilot Task and Finish Working Group, being established by the Commissioner Designate for Victims of Crime, to scope the feasibility of piloting an alternative private family law model. The first meeting of the Working Group is due to take place in June.
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