NCJ Number
46615
Date Published
1976
Length
19 pages
Annotation
A LAWYER EXAMINES THE PROTECTION AVAILABLE AND REMEDIES OPEN TO CHILDREN AND SPOUSES WHO ARE BEING SUBJECTED TO PHYSICAL VIOLENCE.
Abstract
UNDER ENGLISH LAW, THERE IS A GREAT DEAL OF PROTECTION FOR CHILDREN WHO ARE BEING ABUSED, ONCE THEIR SITUATION HAS COME TO LIGHT. THE 1933 CHILDREN AND YOUNG PERSONS ACT PROVIDES FOR THE CRIMINAL PROSECUTION OF ANYONE OVER 16 YEARS OF AGE WHO MISTREATS OR ALLOWS TO BE MISTREATED ANYONE UNDER THAT AGE, WHETHER PHYSICALLY, MENTALLY, OR EMOTIONALLY. LOCAL AUTHORITIES ARE GENERALLY RELUCTANT TO PROSECUTE UNDER THIS LAW EXCEPT IN EXTREME CIRCUMSTANCES. CIVIL PROCEEDINGS, OR 'CARE' PROCEEDINGS, MAY BE BROUGHT UNDER THE 1969 CHILDREN AND YOUNG PERSONS ACT. IF EVIDENCE EXISTS THAT THE CHILD'S WELFARE IS BEING WILLFULLY NEGLECTED, THE JUVENILE COURT MAY AUTHORIZE THE CHILD'S SUPERVISION (WITHIN THE FAMILY) BY SOME SERVICE AGENCY, OR MAY COMMIT THE CHILD TO THE CARE OF THE LOCAL AUTHORITY. THE CARE ORDER CAN BE MADE WITH RESPECT TO ALL OF THE CHILDREN IN THE FAMILY, EVEN IF ONLY ONE HAS ACTUALLY BEEN MISTREATED. THE LAW ALSO PROVIDES FOR THE EMERGENCY REMOVAL OF THE CHILD FROM THE FAMILY IF NECESSARY. LEGAL FORMALITIES ARE NOT REQUIRED, SO AS TO PREVENT ANY DELAY IN REMOVING THE CHILD FROM DANGER. THE CHILD MAY BE DETAINED IN A PLACE OF SAFETY FOR UP TO 28 DAYS. THE 1948 CHILDREN ACT REQUIRES THE LOCAL AUTHORITY TO RECEIVE A JUVENILE UNDER THE AGE OF 17 INTO CARE, UNDER CERTAIN CIRCUMSTANCES, INCLUDING THE SITUATION WHERE THE JUVENILE HAS NO PARENT OR GUARDIAN OR WHERE THE PARENT OR GUARDIAN IS PREVENTED FROM PROVIDING FOR HIS OR HER PROPER MAINTENANCE AND UPBRINGING. IF THE PARENT IS DEEMED UNFIT TO HAVE CARE OF THE CHILD, THE AUTHORITY MAY ASSUME PARENTAL RIGHTS OVER HIM. THE LAW WITH REGARD TO THE ABUSED WIFE IS MUCH LESS PROTECTIVE. REMEDIES ARE AVAILABLE TO THE WIFE, BUT SHE IS EXPECTED TO INITIATE ANY ACTION HERSELF. A WOMAN WHO HAS SUFFERED AN ATTACK BY HER HUSBAND MAY BRING CRIMINAL CHARGES OF ASSAULT AGAINST HIM, AND SHE MAY BRING A CIVIL ACTION IN THE TORT OF BATTERY. MATRIMONIAL PROCEEDINGS WHICH ARE AVAILABLE INCLUDE A SEPARATION ORDER IN THE CASE OF PERSISTENT CRUELTY; A NONMOLESTATION INJUNCTION, WHICH PROVIDES FOR IMPRISONMENT IF THE HUSBAND MOLESTS HIS WIFE AGAIN; OR A DIVORCE. UNFORTUNATELY, HOWEVER, SHELTERS FOR WIVES WHO LEAVE THE MATRIMONIAL HOME ARE NOT READILY AVAILABLE. ONLY IF SHE IS THE OWNER OF THE HOME CAN THE COURTS ORDER THE HUSBAND TO VACATE. (VDA)