Domestic Violence in UK Law

Leading Cases
  • Ahmed Iram Ishtiaq v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Abr 2007

    In my judgment, para 289A(iv) should be construed so as to further the policy of enabling persons whose relationships have permanently broken down as a result of domestic violence before the end of the probationary period to be granted indefinite leave to remain. A construction which precludes an applicant, whose relationship has in fact broken down as a result of domestic violence, from proving her case by producing cogent relevant evidence would defeat the evident purpose of the rule.

  • JL (Domestic violence: evidence and procedure)
    • Asylum and Immigration Tribunal
    • 12 Jul 2006

    If (but only if) there has been a valid application, the Immigration Judge is not confined on an appeal to the evidence “required” by the Secretary of State, nor is an appeal bound to fail if the “required” evidence has not been produced. The question of whether domestic violence has occurred is to be determined on the basis of all the evidence before the Immigration Judge.

  • Re H (Contact: Domestic Violence)
    • Court of Appeal (Civil Division)
    • 23 Ene 1998

    Having asked the question, however, the answer must be that, as a matter of principle, domestic violence of itself cannot constitute a bar to contact. Domestic violence can only be one factor in a very complex equation. For example, Re D, to which I have already referred demonstrates that domestic violence may both provide a powerful basis for a mother's objection to contact and demonstrate in a given case the father's unfitness to exercise contact.

  • Re W (Abduction: Domestic Violence)
    • Court of Appeal (Civil Division)
    • 06 Jul 2004

    In my experience, it is well recognised, both in the domestic and the international jurisdictions, that in the context of domestic violence, the position of the child is vitally affected by the position of the child's mother. If the effect on the mother of the father's conduct is severe it is, in my judgment, no hindrance to the success of an Article 13 (b) defence that no specific abuse has been perpetrated by the father on the child.

  • Yemshaw v Hounslow London Borough Council (Secretary of State for Communities and Local Government and another intervening)
    • Supreme Court
    • 26 Ene 2011

    That being the case, it seems clear to me that, whatever may have been the position in 1977, the general understanding of the harm which intimate partners or other family members may do to one another has moved on.

  • McPherson v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 19 Dic 2001

    Accordingly, to be "effective", measures for the purposes of Article 3 must be those which attain an adequate degree of efficacy in practice as well as exist in theory.

  • Re A, v, M, H (Contact: Domestic Violence)
    • Court of Appeal (Civil Division)
    • 19 Jun 2000

    If however there is a firm basis for finding that violence has occurred, the psychiatric advice becomes very important. As a matter of principle, domestic violence of itself cannot constitute a bar to contact. In this context, the ability of the offending parent to recognise his past conduct, be aware of the need to change and make genuine efforts to do so, will be likely to be an important consideration.

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