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Abuse survivors 'retraumatised' by family law system, says Women's Aid
Abuse survivors 'retraumatised' by family law system, says Women's Aid

time2 hours ago

  • Health

Abuse survivors 'retraumatised' by family law system, says Women's Aid

Child and adult survivors of domestic abuse say that going through the Irish family law system is traumatic and causes "secondary victimisation" and "increased vulnerability", new research has shown. The report, commissioned by Women's Aid, showed that the family law system is "completely inadequate" when it is not attuned to the tactics and impacts of domestic abuse post-separation, Chief Executive Sarah Benson said. Speaking on RTÉ's Morning Ireland, Ms Benson said the research was a 360 degree examination of the experiences of abuse survivors, with the focus particularly in the context of guardianship and custody and access proceedings. She said it showed that unfortunately the feedback from those "who have navigated that system whilst also experiencing post separation abuse, found that [the actual experience] was tantamount to secondary victimisation". Ms Benson said international research shows that between 49% and 62% of all family law proceedings will have a component of domestic violence. However, she said, this is not being addressed in custody and access proceedings in the same way as it might be in domestic violence hearings and this is causing risk. She said everyone in the legal system must be trained to understand domestic violence and in particular coercive control as the research is "telling us overwhelmingly" that coercive control is "something that abuses will use in the courts". Women's Aid said the research "reveals the urgent need" for the law system to develop a holistic response to domestic violence and abuse (DVA). The national charity said that the system is not sufficiently informed or aware of DVA and this undermines rights and comprises the safety of victim-survivors. Although individual workers such as legal practitioners and judges within the courts system were mentioned positively by victim survivors, respondents felt that the system as a whole was a negative and traumatic experience. Two-thirds of adult victim survivors reported that judges failed to take their experiences of domestic violence and abuse into account when making decisions about guardianship, custody, and access involving the perpetrator. "We have witnessed how complex, disjointed and arbitrary the system is." Other issues brought up in the report included lack of access to legal representation, lack of time to consult and prepare for cases, significant financial burdens, and a generally overwhelmed system. Ms Benson said the family law system often assumes that when a couple separates, if domestic violence or abuse was taking place, it has now ended. However, Ms Benson said sometimes the abuse takes other forms, for example, economic abuse or using children to denigrate the non-abusing parent. "Participants in the research spoke of having to adhere to court ordered access to avoid being charged with violating a court order, requiring them to regularly engage with their abuser," Ms Benson said. "This frequently provided court-sanctioned opportunities for further abuse to occur," she added. Some participants in the research said their experience of the family justice system was even worse than the abuse. Ms Benson said this was a "shocking situation, but sadly, not a surprising one". "Women's Aid are in the family law courts daily with women who must navigate an unforgiving system while still being subjected to devastating abuse from their partners or ex-partners. "We have witnessed how complex, disjointed and arbitrary the system is," she said. Ms Benson added: "We are really concerned about the lack of comprehensive training and understanding of domestic violence and the impact of abuse on victim-survivors at every level of the family law system. "This was especially evident in the reported experiences of court-appointed assessors. "In many instances when women raised legitimate safety concerns for their children, they were often inappropriately accused of engaging in the highly contested concept of 'parental alienation' while the possibility of DVA as a reasonable concern was not meaningfully considered." The research examined how adult and child survivors of domestic violence and abuse access and navigate the family law system. It comprised a research team from both Trinity College Dublin and University College Cork and involved court observations, surveys, interviews and focus groups with children, aged-out minors, adults, domestic violence practitioners, health, social care and legal professionals and judges. The researchers spoke to both adult and child victim survivors of their experience of guardianship, custody and access proceedings in Ireland. Adults who took part in the research described their experiences as "relentless, overwhelmingly negative and retraumatising," the report found. Children and young people reported that the family law system failed to listen or respect their independent views. Women's Aid is calling on the Government to reform the family law system as part of the family justice strategy in a way that is informed by domestic violence and abuse. This would include compulsory domestic abuse training for all professionals in the system and improved access to legal representation. In a statement, the Department of Justice said that tackling domestic violence and supporting victims of crime are "central priorities" for the minister. The department said the family justice strategy 2022-2025 and the Family Courts Act 2024 aim to make family courts work better for those engaged with it.

Abuse survivors 'retraumatised' by family law system
Abuse survivors 'retraumatised' by family law system

time9 hours ago

  • Health

Abuse survivors 'retraumatised' by family law system

The Irish family law system causes "secondary victimisation" and "increased vulnerability" to both child and adult survivors of domestic abuse and violence, according to new research. The report showed that the family law system is "completely inadequate" when it is not attuned to the tactics and impacts of domestic abuse post-separation, Chief Executive of Women's Aid Sarah Benson said. The research, commissioned by Women's Aid, examined how adult and child survivors of domestic violence and abuse access and navigate the family law system. It comprised a research team from both Trinity College Dublin and University College Cork and involved court observations, surveys, interviews and focus groups with children, aged-out minors, adults, domestic violence practitioners, health, social care and legal professionals and judges. The researchers spoke to both adult and child victim survivors of their experience of guardianship, custody and access proceedings in Ireland. Adults who took part in the research described their experiences as "relentless, overwhelmingly negative and retraumatising," the report found. Children and young people reported that the family law system failed to listen or respect their independent views. 'Urgent need' for wholistic response - Women's Aid Women's Aid said the research "reveals the urgent need" for the law system to develop a wholistic response to domestic violence and abuse (DVA). The national charity said that the system is not sufficiently informed or aware of DVA and this undermines rights and comprises the safety of victim-survivors. Although individual workers such as legal practitioners and judges within the courts system were mentioned positively by victim survivors, respondents felts that the system as a whole was a negative and traumatic experience. Two-thirds of adult victim survivors reported that judges failed to take their experiences of domestic violence and abuse into account when making decisions about guardianship, custody, and access involving the perpetrator. "We have witnessed how complex, disjointed and arbitrary the system is." Other issues brought up in the report included lack of access to legal representation, lack of time to consult and prepare for cases, significant financial burdens, and a generally overwhelmed system. Ms Benson said the family law system often assumes that when a couple separates, if domestic violence or abuse was taking place, it has now ended. However, Ms Benson said sometimes the abuse takes other forms, for example, economic abuse or using children to denigrate the non-abusing parent. "Participants in the research spoke of having to adhere to court ordered access to avoid being charged with violating a court order, requiring them to regularly engage with their abuser," Ms Benson said. "This frequently provided court-sanctioned opportunities for further abuse to occur," she added. Some participants in the research said their experience of the family justice system was even worse than the abuse. Ms Benson said this was a "shocking situation, but sadly, not a surprising one". "Women's Aid are in the family law courts daily with women who must navigate an unforgiving system while still being subjected to devastating abuse from their partners or ex-partners. "We have witnessed how complex, disjointed and arbitrary the system is," she said. Ms Benson added: "We are really concerned about the lack of comprehensive training and understanding of domestic violence and the impact of abuse on victim-survivors at every level of the family law system. "This was especially evident in the reported experiences of court-appointed assessors. "In many instances when women raised legitimate safety concerns for their children, they were often inappropriately accused of engaging in the highly contested concept of 'parental alienation' while the possibility of DVA as a reasonable concern was not meaningfully considered." Women's Aid is calling on the Government to reform the family law system as part of the family justice strategy in a way that is informed by domestic violence and abuse. This would include compulsory domestic abuse training for all professionals in the system and improved access to legal representation. In a statement to RTÉ News, the Department of Justice said that tackling domestic violence and supporting victims of crime are "central priorities" for the minister. The department said the family justice strategy 2022-2025 and the Family Courts Act 2024 aim to make family courts work better for those engaged with it.

Navigating Irish family law system is 'worse than the abuse', Women's Aid warns
Navigating Irish family law system is 'worse than the abuse', Women's Aid warns

Irish Examiner

time17 hours ago

  • General
  • Irish Examiner

Navigating Irish family law system is 'worse than the abuse', Women's Aid warns

Some adult victim-survivors of domestic abuse have described navigating Ireland's family law system as 'even worse than the abuse', prompting fresh calls for urgent reforms. The description is contained in groundbreaking new research which has found a system that causes 'secondary victimisation', with adult and child victim-survivors of domestic abuse being retraumatised during guardianship, custody, and access proceedings. The research, commissioned by Women's Aid and carried out by Trinity College Dublin and University College Cork, is the first national account of its kind. It found that while the prevalence of domestic violence and abuse (DVA) in all family law cases is disproportionately high, the Irish system, and the professionals working in it, including barristers and judges, is not sufficiently DVA informed or responsive, with many lacking a fundamental understanding of the dynamics and impacts of domestic abuse. This systemic blind spot leaves victims feeling disbelieved, silenced, and at risk from further abuse, Women's Aid said. 'This research is very difficult but required reading for anyone who plays any part in the family justice system,' Women's Aid CEO Sarah Benson said. It tells us that sadly even where there are some examples of informed and understanding practices among some key individuals, this is completely inadequate when the system itself is not attuned and responsive to the tactics and impacts of domestic abuse post-separation. Women's Aid has now urged the government to fundamentally reform the family law system as part of the Family Justice Strategy, with compulsory domestic abuse training for all professionals, including judges, comprehensive screening and risk assessment protocols, radical reform of the 'expert reports' system, improved access to legal representation and the development of clear mechanisms to improve coordination, communication, and cooperation across all civil family law proceedings and with the criminal courts. The research also found that: Two-thirds of adult victim-survivors reported that judges fail to take their experiences of DVA into account when making decisions about guardianship, custody, and access involving the perpetrator; Children and young people feel the system fails to listen to or respect their independent views; There is a continued lack of recognition that exposure to DVA constitutes child abuse and grounds for risk assessment; Adult survivors were put into the impossible position of having to adhere to court ordered custody and access arrangements that placed their children in harm's way or face penalties. Furthermore, it founds a lack of access to legal representation, time to consult and prepare for cases, huge financial burdens, and a system generally overwhelmed by volume and pressure of cases compounds an already high-stakes situation. Read More Gardaí initiate 12 prosecutions for stalking in 19 months since it became an offence

Centre launches new scheme to make India global hub for making electric cars
Centre launches new scheme to make India global hub for making electric cars

Hans India

time2 days ago

  • Automotive
  • Hans India

Centre launches new scheme to make India global hub for making electric cars

New Delhi: The government on Monday notified guidelines for its forward-looking scheme to enable fresh investments from global manufacturers in the electric cars segment and promote India as a global manufacturing hub for e-vehicles. To encourage global manufacturers such as US tech giant Tesla to invest under the scheme, the approved applicants will be allowed to import completely built-in units (CBUs) of electric four-wheelers with a minimum CIF (cost insurance and freight value) of $35,000 at reduced customs duty of 15 per cent for a period of 5 years from the date that the application is approved. . Approved applicants would be required to make a minimum investment of Rs 4,150 crore in line with the provisions of the scheme. The maximum number of e-4Ws allowed to be imported at the reduced duty rate will be capped at 8,000 units per year. The carryover of unutilised annual import limits would be permitted. According to the notification, the maximum number of EVs to be imported under this scheme will be such that the maximum duty foregone per applicant will be limited to Rs 6,484 crore, or the committed investment of the applicant of a minimum of Rs 4,150 crore, whichever is lower. The Standard Operating Procedure (SOP) issued under the Production Linked Incentive (PLI) Scheme for Automobile and Auto Component (PLI Auto Scheme) would be followed to assess the DVA of the eligible product as required under the scheme. Certification of DVA of an eligible product manufactured in India by the approved applicant would be done by testing agencies approved by the Ministry of Heavy Industries. Investment should be made for the domestic manufacturing of the eligible product. In case the investment under the scheme is made on a brownfield project, a clear physical demarcation with the existing manufacturing facilities should be made, the notification states. Expenditure incurred on new plant, machinery, equipment and associated utilities, and engineering research and development (ER&D) would be eligible. The expenditure incurred on land will not be considered. However, buildings of the main plant and utilities will be considered as part of the investment provided it does not exceed 10 per cent of the committed investment, the notification further states. Expenditure incurred on charging infrastructure would be considered up to a maximum of 5 per cent of the committed investment, it explains. The applicant's commitment to set up manufacturing facilities, achievement of DVA, and compliance with conditions stipulated under the scheme shall be backed by a bank guarantee from a scheduled commercial bank in India equivalent to the total duty to be forgone, or Rs 4,150 crore, whichever is higher, during the scheme period. The bank guarantee should be valid at all times during the tenure of the scheme, the notification added. The scheme shall help to attract investments from global EV manufacturers and promote India as a manufacturing destination for e-vehicles. The scheme will also help put India on the global map for manufacturing of EVs, generate employment and achieve the goal of 'Make in India', according to the official statement. This landmark initiative is aligned with India's national goals of achieving net zero by 2070, fostering sustainable mobility, driving economic growth, and reducing environmental impact. It is designed to firmly establish India as a premier global destination for automotive manufacturing and innovation, the statement added.

Criminal gang linked to fake licences were also selling bogus road certificates
Criminal gang linked to fake licences were also selling bogus road certificates

Belfast Telegraph

time3 days ago

  • Belfast Telegraph

Criminal gang linked to fake licences were also selling bogus road certificates

And it has further emerged that several dissident republicans from west Belfast have been identified as being behind the fake licences scandal. Last week, we revealed how a criminal investigation had been opened into a worrying racket which saw around 80 fake licences revoked following claims they had been obtained without the drivers having to sit the test. Now it has emerged that as well as dodgy driving licences being allegedly 'bought', drivers were also able to purchase an MOT certificate for cars that were never even put through the rigorous MOT test. It means not only were there scores of illegal drivers who potentially may never have even taken a lesson let alone a driving test on the roads of Northern Ireland, but there may have been dozens of cars not fit for purpose out there too. Last week, Infrastructure Minister Liz Kimmins said she was 'extremely concerned' by the revelations. Speaking at Stormont, the Sinn Féin MLA did not provide further details on the extent of the alleged fraud. 'There is a legal investigation. I think it would be remiss of me to comment on that, to allow that process to take its course,' she said. 'But obviously I'm extremely concerned to learn about that and I hope that we see a conclusion to that very quickly.' The Sunday World has uncovered further details about the scam including how the gang began operating towards the end of the Covid-19 pandemic. 'This was a well thought-out criminal enterprise which exploited the restrictions of the pandemic,' said a source. 'When people weren't allowed to leave their houses and everything went online there was an opportunity to exploit the DVA licence system. 'But it wasn't just driving licences – fake MOTs could be bought for £150. It was all about knowing the right people who could pull the strings.' Several of those who availed of the service came from the Lenadoon area of west Belfast and sources have told the Sunday World some of them had criminal backgrounds and some were known dissident republicans. However, those benefiting from the fake licences weren't restricted to west Belfast and were mostly living in the greater Belfast area. As revealed last week, one person from the DVA has been removed from their position as a result of the discovery of the scam. As well as a police investigation, the DVA have opened their own internal investigation into how the scam was carried out under their noses. In fact, they have even set up an internal investigations unit and made it clear to staff working for them that they are duty-bound to report any suspicious activity. Last Tuesday, the DUP's Deborah Erskine, chair of the Assembly's infrastructure committee, said the 'implications for road safety are huge'. 'Effectively that means that, right now in Northern Ireland, there are potentially people who are driving with a licence without having sat their test,' she told the Assembly. She also said it was 'important that assurances are given immediately to the A ssembly and to the public on how it is being handled'. A Department for Infrastructure official told the Sunday World last week: 'As this matter is subject to a PSNI investigation we cannot comment at this time.' A PSNI spokesperson told us: 'Police are investigating a number of alleged fraud offences in relation to the issuing of driving licences. We are working closely with officials from DVA and as the investigation is ongoing, it would be inappropriate to comment further at this time.' In the last few weeks the DVA has been sending out letters to people they suspect may have obtained their licence fraudulently – telling them they must send them back and reapply to do the driving test again. And we understand some drivers have already reapplied and passed the test. Our source said they were not required to sit the theory test. 'It's no wonder they were able to get a licence again so quickly as they have been driving without doing a driving test for so long,' the source said. 'They've had plenty of practice.' The letter stated: 'The Department is not satisfied that the test pass certificate (certificate number) issued to you on (date in May 2024) was validly obtained by you. 'Therefore, the department is not satisfied that you have passed a test of competence as required by the provisions of Article 5 of the Road Traffic Northern Ireland Order 1981 and in those circumstances the Department may not grant you a full driving licence. 'The Department is therefore satisfied that the full driving licence issued to you on (date in May 2024) was issued in error and hereby notifies you... your Northern Ireland driving licence is revoked with effect from five working days after the date shown above.' Those receiving the letters were told they must surrender both parts of their licence within seven days and were advised to use registered post and retain proof of postage. The letter states: 'Failure to surrender a licence without reasonable excuse as an offence, punishable by a fine of up to £1,000. If you fail to surrender your driving licence as directed DVA may contact the PSNI who will be asked to recover the licence. 'You should be aware that it is an offence to retain or use either or both parts of a licence which has been declared lost or stolen.' They were further informed if they want a replacement licence they would have to apply for it from the beginning including the fees. And they warned: 'You should be aware that you're only entitled to hold a provisional driving licence.'

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