The Absent Voice: an examination of the experiences of women in Scottish civil courts in child contact cases involving domestic abuse

Baker, Gillian Catherine

Abstract

The Absent Voice is a qualitative examination of the application of the law on domestic abuse and child contact in Scottish family courts. Findings drawn from its interpretivist methodological approach offer a new understanding of practices and processes in the Scottish civil justice system. Centred on the perspectives of women who have experienced domestic abuse and raised concerns regarding domestic abuse in Scottish child contact cases, the study redresses their absent voice from the research agenda in Scotland. A framework analysis of qualitative data from interviews with women, underpinned by an examination of interview data from legal professionals, interrogates women's experiences of the application of the Scottish welfare test and abuse provisions under the Children (Scotland) Act 1995. Four interconnected barriers to the effective application of the statutory framework intended to protect children are found to dominate women's experiences: i) a lack of understanding of domestic abuse, ii) a de facto presumption of contact, iii) an endless cycle of court processes and iv) the promotion of agreement and co-operation between parents. The study discusses the ways in which these key barriers combine to marginalise domestic abuse from contact cases and the inhibiting and silencing effect that creates a conducive context for contact outcomes that compromise on the protective function of the Scottish welfare test and abuse provisions.

Citation

Baker, G. C. The Absent Voice: an examination of the experiences of women in Scottish civil courts in child contact cases involving domestic abuse. (Thesis). Edinburgh Napier University

• Thesis Type: Thesis
• Deposit Date: Aug 18, 2023
• Publicly Available Date: Aug 18, 2023
• DOI: https://doi.org/10.17869/enu.2023.3170357
• Award Date: Jul 6, 2023