Victims of domestic abuse in Northern Ireland have reported feeling ''unheard and unsupported'' in the private law family court system.
Their experiences were detailed in a report titled Totally Invisible: The experiences of domestic violence and abuse victims/survivors and children engaging with private law family court processes in Northern Ireland.
The Commissioner Designate for Victims of Crime in Northern Ireland described the report, as a ''groundbreaking, pivotal moment" that required change about how private law family courts work as spaces of safety and justice.
The report sheds light on the significant challenges faced by victims seeking protection and justice and calls for urgent reform.
Victims reported feeling unheard and unsupported, with some describing the process in the private law family courts as retraumatising.
For some, the fear and mistrust of court professionals was exacerbated by experiences of not being believed, treated with some suspicion or feeling under investigation themselves.
One survivor felt there was a lack of transparency in their interaction with court professionals.
''I've been in family court for two years now but I've only ever been in the courtroom for like five or ten minutes in that whole time, it doesn't make sense.
"You should be able to, you know, witness the discussions that are happening around your life and your kids' life. And arrangements that are being put in place by strangers."
One of the key recommendations in the report is the need for a more victim-centred approach that prioritises safety and wellbeing.
The report detailed the many barriers victims encounter when engaging with private law family courts, including:
The lack of understanding of domestic abuse dynamics among some professionals.
Inconsistent application of safeguarding measures, leaving victims and children at risk of being harmed.
Delays and complexity in proceedings, which can exacerbate trauma and prolong exposure to risk.
The research was carried out by a team of researchers at the Centre for Children's Rights in Queen’s University Belfast.
"There is a better way, we can have a private family law system that truly serves the safety and well-being of domestic abuse victims and children in Northern Ireland.
"The courage of the victims who came forward to speak to the researchers is phenomenal, especially the young people involved.
"We owe it to them to make things better. I hope this report is a first step in making those victims feel seen, heard and valued,"said Commissioner Designate for Victims of Crime Geraldine Hanna.
"Our research shows that gaps in understanding shape experiences of the family court processes.
"While professionals’ express commitment to children’s participation, current practices often fail to genuinely listen to children’s views, leading to a disconnect between professional understanding and children’s actual experiences,'' said Mary-Louise Corr, Centre for Children’s Rights, Queen’s University Belfast.
The authors said that meaningful reform will require a decisive and adequately funded shift towards trauma-informed, victim/survivor and child-centred processes, grounded in an enhanced awareness of the cumulative impacts of DVA."
Minister of Justice Naomi Long MLA added: "I am committed to improving the experience of domestic abuse survivors during family court proceedings and will work with my ministerial colleagues who share responsibilities in relation to family justice as we continue efforts to enhance and build upon the services already available."
The Minister of Health in Northern Ireland, Mike Nesbitt, said that the contribution will inform learning and any future reform.
The Department will consider the report’s findings and recommendations and how these can be taken forward in partnership with other government departments.
