Commissioned and funded by Women’s Aid, this study provides the first national account of how adult and child victim-survivors of domestic violence and abuse (DVA) experience navigating the Irish family law system in guardianship, custody and access (GCA) cases. The study is both timely and significant, not least because of the reform of Irish family law and policy development currently being driven by the Department of Justice.1 Furthermore, international evidence confirms that the prevalence of DVA in family law cases is disproportionately high, with allegations or findings of DVA recorded in approximately 49-62% of cases.2 Court systems are therefore interacting with adult and child victim-survivors who are actively managing increased risks of harm and danger. Indeed, Irish and international research highlights the continued abuse of adult and child victims associated with child contact arrangements. Yet, this research finds that the Irish family law system as a whole is not sufficiently DVA informed or responsive. The presumption that continued contact with their non-resident parent is almost always in a child’s best interest, continues to dominate, with child contact rarely if ever denied. This is important to explore because contact decisions that do that not adequately consider the risks posed by the abusive parent, arguably prioritise the abusive parents’ rights over children’s safety. Furthermore, non-abusive parents who oppose or resist contact risk being accused of ‘parental alienation’.

Despite the disproportionately high prevalence of DVA in family law cases alongside ongoing safety and welfare concerns in these cases, there has been limited robust research evidence on how the journey through the family law system is experienced by adult and child victim-survivors of DVA. This study provides a comprehensive 360-degree understanding of that journey and makes a range of recommendations to improve the family law system to make it safer for adult and child victim-survivors. 

Summary PDF p.38 Intersecting factors
Although limited, this study identified a complex interplay of intersecting factors that may compound the challenges faced by diverse populations of victim-survivors when engaging with the family law system. Insights gathered from both direct experiences and the perspectives of supporting professionals revealed additional interrelated barriers, underscoring the need for further, in-depth investigation into these systemic issues. A diverse range of intersecting factors were explored, including perspectives from migrant and minority ethnic communities, disability as it relates to adult and child victim-survivors, women with a history of substance use and addiction issues. 

Summary PDF p.39 Substance-use and addiction
History of substance-use or addiction was found to be leveraged against female victim-survivors by perpetrators. Interview data from three participants found their history of drug use was used as an ongoing justification for perpetrators to question their parenting capabilities, withhold or deny contact.