Baby Reindeer: Netflix’s new show considering the nature and impact of stalking

Posted on 22nd April 2024 by McAlister Family Law

Baby Reindeer: Netflix’s new show considering the nature and impact of stalking

“Baby Reindeer” is one of the most popular shows Netflix has to offer right now. Based on the creator, Richard Gadd’s, real life experiences, we are taken on a dark journey that explores the harrowing impact that stalking, harassment and sexual abuse has on its victims. Here, McAlister Family Law’s Nicola Bradley looks at how the law protects those being stalked.

Stalking involves a repeated pattern of obsessive behaviour that causes the victim to feel alarmed or distressed and possibly in fear for their personal safety. You can be stalked by someone you know very well, for example a family member or someone you have had an intimate relationship with, or by a total stranger whom you have never met or spoken to before.

Stalking is an insidious crime that often makes victims feel very frightened and anxious. Whilst the behaviour of stalkers varies from case to case, the repetitive nature of their unwanted attention is the common link flowing through their victim’s narratives. Whilst some stalkers may shower their victims with constant emails, texts and calls professing how much they love and admire them, be in no doubt that stalking has nothing to do with love. It is about power and control.

Any boundaries that you attempt to put in place with a stalker will be violated. Stalkers do not see their victims as individuals in their own right, they see them as possessions and objects that they have exclusive rights to.

A stalker will also engage in other abusive behaviours as their fixation intensifies. Their behaviour can escalate from a bombardment of messages, to turning up at your home or place of work, threatening your life of the lives of those you love and ultimately, they could become physically and\or sexually violent.

Similar to a cat toying with a mouse, stalkers thrive off instilling a sense of fear in their victims because it makes them feel powerful, untouchable and omnipotent. For the stalker, any attention or validation from the object of their fixation is enough to feed them and fuel the obsession further.

Victims of stalking are protected under the Protection from Harassment Act 1997 which makes this behaviour a criminal offence that can ultimately carry a prison sentence. If the stalker is someone close to you such as a family member or an ex-partner, you can apply for a Non-Molestation Order which will prevent the stalker from being able to contact you or even prevent them from coming within a certain distance of you and/or your home.

To assist victims in identifying whether the behaviour they are experiencing maybe categorised as stalking, the police have set out the following four warning signs:

Fixated

Obsessive

Unwanted

Repeated

It is very important to document any and all evidence you have of the stalkers behaviour within a chronology as this may assist the police in taking action against them.

If at any stage you feel as through your personal safety of those of others is at immediate risk, you must call 999 immediately and secure your safety and\or those of others. Victims of this crime should not attempt to reason with, excuse or rationalise the stalker’s behaviour, they are often unpredictable and have little to no control over their actions and obsessive nature.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Dealing with allegations of child abuse in the Family Court

Posted on 24th August 2023 by McAlister Family Law

Dealing with allegations of child abuse in the Family Court

Here, McAlister Family Law Senior Associate, Melissa Jones, looks at a story making headlines; Titanic Actor, Ioan Gruffudd has made allegations against his children’s mother, Alice Evan, and has labelled her a “child abuser” in court documents issued in Los Angeles.

The allegations in the court documents state: “Alice has continued to inflict serious emotional harm on Ella and Elsie by her statements and by interfering in my relationship with them’ and ‘Alice has verbally abused and undermined me in front of the girls throughout their lives.’

In this case there is an allegation that the father is being alienated from his children as a direct result of the other parent’s influence over the children.

What is Parental Alienation?

There is no definition in family law but Cafcass have provided helpful guidance. Cafcass use it “to describe circumstances where there is an ongoing pattern of negative attitudes, beliefs and behaviours of one parent (or carer) that have the potential or expressed intent to undermine or obstruct the child’s relationship with the other parent. It is one of a number of reasons why a child may reject or resist spending time with one parent post-separation”.

Below are some examples of parental alienation, which covers a variety of behaviours in the child, such as:

fear, hostility, or disrespect towards the distant parent
the child constantly criticising the alienated parent, with no strong evidence or justifications for doing so
the child having overwhelmingly negative feelings towards the alienated parent – in the sense that these feelings are not ‘mixed’
the child having unwavering support of the alienator
the child using terms and phrases that seem to be borrowed from adult language
the child does not feel guilty about mistreating or hating the alienated parent

How does the Court deal with allegations of alienation?

This of course a case in USA, but we will take a look at what the court would do if such allegations were made in a court in England and Wales.

The law, as it stands, presumes that it is in the children’s best interests for each parent, even when they have separated, to continue to be involved in the lives of any and all of their children, unless such involvement may subject them to a risk of harm.

But is it child abuse?

The Chief Executive of CAFCASS describes parental alienation as “undoubtedly a form of neglect or child abuse”.

Allegations of parental alienation should be taken seriously. It is commonly recognised that exposing children to alienating behaviours can be emotionally harmful to them. The overriding view is that it is in the child’s best interests to have an ongoing relationship with both parents. At the heart of every decision made by the Family Court is what course of action is in the best interests of the child.

Another twist in the Gruffudd and Evans case is that their daughter, aged 13, filed a restraining order against her father. Mr Gruffudd has blamed this application on Ms Evans and has also claimed that she has prevented the children from attending counselling.

Ms Evan’s has denied the allegation and stated in court papers that Mr Gruffudd ‘has not seen, complied with, nor called the children for 11 weeks’.

Interestingly, Ms Evans stands opposed to her and the children being subject to such court proceedings if such evaluation is based on speculation and suspicions.

Clearly this looks set to be a heavily disputed set of proceedings in which both parties will need put their case to the court.

Sadly, as can often be the case with child arrangement disputes, the children can get be caught in the middle; in this case they might know a lot more about these proceedings because of their famous parents and the fact that this is playing out in public.

If you are experiencing any of the above, then it is important you instruct a lawyer who is a specialist in such matters. It could be the case that your child holds strong views of their own but may have been coached into believing other views. This would need careful exploration in the family court, and it is important that time is not lost in the process, so early advice is recommended.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Posted on 6th April 2023 by McAlister Family Law

The rise in domestic abuse cases against pregnant women: What can victims do to protect themselves and their unborn child?

Pregnancies can be a joyous occasion, with both prospective parents doing everything to ensure that their developing baby is born into a loving family, have a good upbringing and grow into a well-adjusted adult. However, the Domestic Abuse Report 2022 and annual audits paint a very different and concerning picture. Here, Ruth Hetherington looks at the stark reality of domestic abuse against pregnant women.

The stark reality of domestic abuse against pregnant women

It is reported that 20-30% of pregnant women report incidents of physical violence, 14% reporting severe or life-threatening violence. Around 36% of women experience verbal abuse during pregnancy and the statistics also reveal that 20% of pregnant women report sexual violence.

These reports are shocking and give stark clarity to the extent of domestic abuse in pregnancy, which shows no regard by abusers as to their partner but more importantly the baby. There is a distinct lack of understanding of domestic abuse generally, but particularly the impact and effect on an unborn child cannot be dismissed or ignored.

The key findings of the Audit Report Year 2020-2021 show that most women accessing domestic abuse support services have children, and 7.3% of women seeking support services are pregnant women in refugees.

The physical risks to pregnant women are significant, with injuries reported to be sustained to the head, neck, broken bones, and punches to the stomach. Much of this information would be repugnant to many, but it can form a pattern of coercive control behaviours, which can escalate when pregnant. It creates a dependency and a sense of hopelessness, which means women are left in a vulnerable state, with nowhere to turn, particularly if they lack the strength to be able to leave.

The impact on the child

Babies that grow up within an environment where domestic abuse is a factor will be negatively impacted. It must be a scary environment for any child to witness and grow up in such circumstances, but babies are just as affected as any other child, given their vulnerability in lack of mobility or verbal comprehension.

Children do and can develop maladaptive coping strategies which can put themselves at risk as they feel a responsibility for their parent who is suffering from such abuse. This feeling of responsibility is often heightened when their mother is pregnant. Children can be supported by domestic abuse services, however, these services are limited, depending on the area where you live.

The unfortunate reality of abuse and what victims can do to protect themselves and their children

Unfortunately, women who are unable to break free from their abuser can often be blamed by professionals with allegations of failing to protect their unborn child, which can lead to the possibility of having their child removed at birth.

This does not seem fair or just. It takes incredible strength to leave an abusive relationship, especially when there is a developed dependency and pregnancy. Feelings of being trapped, being alone and nowhere to turn to are common.

There needs to be a real focus on situations of this nature to help vulnerable women but more so children, who can suffer in in such circumstances by getting hurt physically and suffering psychologically and emotionally. If you or anyone close to you are suffering any form of domestic abuse the Government have produced a helpful guide which provides useful telephone numbers.

McAlister Family Law helps, advises and supports those suffering any form of abuse, whether that be physical abuse or coercive control, and our specialist Children team can guide you through ways in which to protect yourself and your children.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

Posted on 2nd March 2023 by McAlister Family Law

Child Maintenance and Domestic Abuse – New measures to assist survivors of domestic abuse

New laws will soon be introduced to protect victims of domestic abuse from having to deal with the other parent, if they are the perpetrator of the abuse, in regard to child maintenance applications. Here, Melissa Jones, Senior Associate, looks at what this means for domestic abuse victims and how the Child Maintenance Service is going to support them.

It’s not physical violence, is it Domestic Abuse?

Domestic abuse is when someone close to you, often a partner or spouse causes you physical, sexual, financial or emotional hardship. It is a misconception that in order for you to be categorized as being in an abusive relationship, there must be physical violence. In many cases there is no physical violence; instead, there is psychological and emotional abuse.

Domestic violence can take many forms. Other than physical violence and threats of violence, you may feel intimidated by things that are said to you, or the manner in which you are treated. You may feel controlled and prevented from spending time with friends and family. Abuse can be verbal; you may feel belittled by your partner at home or in front of others.

In addition to the above, you might feel anxious about claiming child maintenance from the other parent, if they have been abusive towards you, because they might use a child maintenance application as a way to further contact you, harass your, intimidate you or as a way of exerting financial control.

What is Child Maintenance? Can I claim this?

All parents have a responsibility to provide financially for their child even if they live apart from the child and the other parent. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Child maintenance is the regular, reliable financial support parents provide for their child when they separate. It can help towards a child’s everyday living costs and give them the best start in life.

Child maintenance can be agreed voluntarily between parents. If an agreement cannot be reached, then an application can be made to the Child Maintenance Service (CMS) – a government body that assesses one parent’s financial means and can make a mandatory requirement that he or she pays child maintenance to the other.

The amount of child maintenance that will need to be paid will depend on a number of factors. For further information visit the Government website.

How will the Child Maintenance Service help me?

Under the new measures soon to be introduced, the CMS will:

Give you the choice, as a survivor of domestic abuse, to allow the CMS to collect Child Maintenance and make payments on your behalf. This would be without the consent of the abusive ex-partner.
Be given powers to report suspected cases of financial coercion to the Crown Protection Service.

Senior Associate, Melissa Jones comments “this is a very helpful and proactive step in tackling domestic abuse and practically assisting survivors of domestic abuse. Sadly, help for a victim is not only needed when they are still with perpetrator but long after too, and with Child Maintenance claims, protection might still be needed after the relationship has ended to prevent further emotional and financial control. The new measures are much needed, and will no doubt help a number of domestic abuse survivors in difficult times and adds an extra layer of protection as they move on with their lives.”

If you believe you are, or someone you know is suffering from domestic abuse, then there are ways to help you, and them. At McAlister Family Law we can help victims of domestic abuse by advising them on the most appropriate course of action in their particular situation,

If you are anxious about claiming child maintenance, want to learn more about your rights pet and want some advice, then contact our team of family experts who can advise you further.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Sources

https://www.familylawweek.co.uk/site.aspx?i=ed235424

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

Posted on 31st January 2023 by McAlister Family Law

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

It is a shocking and deeply sad fact that thousands of children ranging from new-borns to teenagers are targeted and subjected to horrific sexual abuse every day in this country. Here, Solicitor Nikki Bradley looks at the dangers children are being exposed to online and how the Online Safety Bill may make a difference.

Online forums and social media platforms are saturated with child sexual predators. Many of these people “catfish” their victims by hiding behind pseudonyms and falsifying information about their lives including their ages, backgrounds, appearance and gender. This is all done in the hope of maximising their chances of abusing vulnerable children which, as a result of the pandemic and increased popularity of remote platforms and social media technology, has caused online child sex abuse to skyrocket.

The Internet Watch Foundation (IWF) are a charity whose sole aim is to eliminate online sex abuse of children by finding and removing all traces of this material. On 27^th January 2023, IWF published stark and harrowing findings. Their research shows that since 2019 the number of sex abuse images of children aged 7-10 distributed online has increased by 1,058%.

Do we really know what dangers children are being exposed to online?

Our reliance on the digital world seems to have become normal post pandemic. Many primary school children now have iPads, smart phones, social media accounts but no matter how well we think we are policing it, the IWF statistics speak for themselves.

Online child abuse is not just still happening, it is thriving. Online predators are merciless and are taking full advantage of the fact that children are now regularly using digital platforms to assist their development socially and educationally. In 2022 the IWF found 63,050 reports of children aged 7-10 being tricked and coerced into performing sexual acts on camera, 14% of which were classed as Category A material – the very worst category of abuse.

Will the Online Safety Bill make a difference?

The purpose of the Online Safety Bill is to protect children (and adults) from online abuse by making social media companies legally responsible for their safety and increasing accountability for their online content and procedures. It proposes to do this by means such as enforcing age limits, rapidly removing and preventing illegal content for appearing, providing children with clear ways to report online problems and ensuring online risks on the biggest social media platforms are more transparent.

Progress of the Bill through Parliament has recently stalled following a rebellion of more than 50 MPs seeking an amendment introducing a two-year criminal sentence for tech bosses that fail to protect children viewing inappropriate online content. The Culture Secretary has described the criminal liability factor as giving the Bill “additional teeth”. It has since had the final approval of MPs and will now progress through the House of Lords before becoming law.

Final thoughts

It is hoped that this Bill will make a real difference to child online safety. The world appears to be live to the risks children face online and the UK is taking action to protect young people. However, the dangers of the internet extend far beyond TikTok and Instagram which comprise merely the surface of the digital world as we know it.

Whilst the Bill certainly appears a strong move in the right direction to keeping children safe from harm, it will not affect the vast expanse of the dark web which will continue to shield and anonymise thousands of online predators whilst also distributing their harmful content. Much more thought needs to be given as to how we can tackle the abuse of children in the “hidden” internet and how we can better police under the surface child sex abuse activity.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.