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Fact-Finding Hearings and the Implementation of the President's Practice Direction: Residence and Contact Orders: Domestic Violence and Harm
Funder: Family Justice Council
Duration: January 2011 - February 2013

This project, undertaken by Professor Rosemary Hunter (Primary investigator) and Adrienne Barnett (co-investigator) aimed to determine whether Practice Direction 12J was operating as it was intended to do and if not, what problems were being experienced with its implementation and what steps could be necessary to overcome such problems. Practice Direction 12J to the Family Procedure Rules stipulates best practice for courts and professionals in residence and contact proceedings (now child arrangements proceedings) where domestic violence is an issue. A national online survey was administered to judges, magistrates, family lawyers, officers of CAFCASS and other relevant professionals, which produced both quantitative and qualitative data, which was analysed thematically. The researchers' report was published by the Family Justice Council in 2013, and in 2014 Practice Direction 12J was amended to reflect many of its recommendations.

Fact-Finding Hearings and the Implementation of the President’s Practice Direction: Residence and Contact Orders: Domestic Violence and Harm
Funder: Family Justice Council
Duration: January 2011 - January 2013

Professor Rosemary Hunter (Principal Investigator) and Adrienne Barnett (co-investigator) were awarded a grant by the Family Justice Council to undertake national research in order to determine whether Practice Direction 12J to the Family Procedure Rules 2010, which stipulates best practice for courts when adjudicating on residence and contact disputes where allegations of domestic violence are made was operating in the way it was intended to do; and if not what problems were being experienced with its implementation; and finally, what steps may be necessary to overcome any such problems. A national online survey was administered to judges, magistrates, family court advisers employed by CAFCASS, family lawyers and other interested parties. Both quantitative and qualitative data was obtained and analysed thematically.