We must listen to children affected by domestic abuse

The effects of the trauma can continue even after the alleged abuser has moved out of the family home. This raises the vexed issue of contact between the children and the absent parent.

Most often the absent parent is male and the allegation of abuse is one of violence.

Many professionals I meet are concerned about what constitutes "safe contact" in these instances. The festive season will have ratcheted up anxiety levels as parents crave contact with their children, especially those who are separated and where domestic abuse is an issue.

Last year, I published research examining the processes whereby courts decide on the level and nature of contact children should have with the absent parent in situations of domestic abuse. One of the main conclusions was that there is no legal presumption for contact between a child and a parent when determining a child's welfare. The courts decide every case on the facts and circumstances presented. The circumstances include a wide range of factors, including what are the views of the child.

I was interested in the link between the views of the child and court decisions on contact arrangements. So I have just published further research examining how the courts in Scotland gather the views of children in court disputes over contact, where those cases also involve domestic abuse.

Overall, we found a reassuringly high rate for the views of children being taken by the courts. The older children were, the more likely it was that their views would be taken. For example, all of those aged 12 and above gave their views (it is a ground for appeal against the decision if they are not taken).

Contact outcomes

We also found that 71 per cent of fiveto eight-year-olds in cases where abuse was alleged had their views taken. This contrasted with 18 per cent of four-year-olds, and none for those aged three and under.

Not so reassuring was how well contact outcomes match the views expressed by the children.

In the cases we examined, of all the children whose parents went to court in cases involving domestic abuse, 55 per cent did not want any contact with their non-resident parent. The main reasons they gave were being hit and shouted at; destruction of property; feeling sad or frightened; and parental alcohol abuse. In most instances, this meant they did not want contact with their father.

However, when you compare the outcomes for children when their views are taken and when their views are not taken something interesting emerges. For children whose views are taken, most of them do not have contact with the non-resident parent (61 per cent). But for those whose views are not taken, most of them do have contact or are now living with them (58 per cent).

It seems there is an inclination by the courts to presume contact when the views are not taken. When you combine this with the fact that it is our youngest children whose views are not taken, we have our most vulnerable children having court-ordered contact.

For me, this is a matter of concern because of the additional distress and trauma it may bring. I am commissioning further research on how the views are taken from children of all ages. The purpose is to consider how we might develop the methodologies for obtaining the views of children in domestic abuse cases, improve the overall numbers having their views taken and, in particular, increase the courts' confidence in the weight given to those views.

Maybe next festive season we can be more confident that "safe contact" means what it says.

Tam Baillie is children's commissioner for Scotland