FOR THE SAKE OF THE CHILDREN - THE LAW, DOMESTIC VIOLENCE AND CHILD CONTACT IN ENGLAND

This article draws upon findings from a qualitative research study of the arrangements made for children to have contact with the nonresiden t parent following separations that resulted from domestic violence to women. In the article, we review recent developments in the law's res ponse to domestic violence in England, showing how the criminal law an d the family law particularly in relation to children, have been at od ds with one another. Within the criminal law efforts have been made to tackle the problem of ''no-criming'' and to afford victims better pro tection. Within the family law, procedural and substantive changes hav e made it harder for women and children to break free from violent men . A contact presumption and focus upon agreements made ''for the sake of the children'' through mediation/conciliation compound the battery of women and children by the law and expose them to intolerable risks. In the article we critically review the value of contact with fathers for children who have lived through domestic violence and briefly con sider efforts made to enhance the safety of women and the welfare of c hildren in other jurisdictions. (C) 1997 Elsevier Science Ltd.