“controlling behaviour” means an act or pattern of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour “coercive behaviour” means an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten the victim It may involve children who are either abandoned with, or separated from, their mother “abandonment” refers to the practice whereby a husband, in England and Wales, deliberately abandons or “strands” his foreign national wife abroad, usually without financial resources, in order to prevent her from asserting matrimonial and/or residence rights and/or rights in relation to childcare in England and Wales. 3įor the purpose of this Practice Direction “the 2021 Act” means the Domestic Abuse Act 2021 For the avoidance of doubt, it should be noted that “domestic abuse” includes, but is not limited to, forced marriage, honour-based violence, dowry-related abuse and transnational marriage abandonment. “relative” has the meaning given by section 63(1) of the Family Law Act 1996.ĢB. “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act) “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004 “child” means a person under the age of 18 years (b) the person has parental responsibility for the child. (a) the person is a parent of the child, or (2) For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if. (f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2)) (e) they are, or have been, in an intimate personal relationship with each other (d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated) (c) they have agreed to marry one another (whether or not the agreement has been terminated) (b) they are, or have been, civil partners of each other (a) they are, or have been, married to each other (7) For the meaning of “personally connected”, see section 2.Ģ.- (1) For the purposes of this Act, two people are “personally connected” to each other if any of the following applies. (6) References in this Act to being abusive towards another person are to be read in accordance with this section. (5) For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child). (a) acquire, use or maintain money or other property, or (4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to. (e) psychological, emotional or other abuse Īnd it does not matter whether the behaviour consists of a single incident or a course of conduct. (3) Behaviour is “abusive” if it consists of any of the following. (a) A and B are each aged 16 or over and are personally connected to each other, and (2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if. Sections 1 and 2 of the 2021 Act provide that:ġ.- (1)This section defines “domestic abuse” for the purposes of this Act. In this Practice Direction, “domestic abuse” has the same meaning as in the 2021 Act. The purpose of this Practice Direction is to set out what the Family Court or the High Court is required to do in any case in which it is alleged or admitted, or there is other reason to believe, that the child or a party has experienced domestic abuse perpetrated by another party or that there is a risk of such abuse. This Practice Direction applies to any family proceedings in the Family Court or the High Court under the relevant parts of the Children Act 1989 or the relevant parts of the Adoption and Children Act 2002 in which an application is made for a child arrangements order, or in which any question arises about where a child should live, or about contact between a child and a parent or other family member, where the court considers that an order should be made.
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