Discussion Topic

Carl and Gail have been married for eight (8) years. They jointly own a three bedroomed house worth 450,000. They have one child, Julia aged seven (7).

Gail gave up her successful job as a successful accountant to look after Julia. Carl works as a successful lawyer and earns 250,000 a year. The couple also own a cottage that Gail inherited from her mother before she and Carl met but she rents this cottage out to pay for Julia's school fees.

In the last two (2) years Carl and Gail's relationship has changed in that Carl decides everything for Gail; from what sheis allowed towear to what she can do and to whom she can talk. Gail loves Carl and wants to please him. She tries very hard, but Carl always finds fault and punishes her. He is often violent to Gail, pushing her down the stairs, hitting her, and on one occasion he broke her arm: she never reported it to anyone, as she was very embarrassed.

In recent weeks Carl has become even angrier and has taken his frustration out on Julia ona number ofoccasions, shaking her violently. Gail cannot afford to move out as Carl controls the spending of the household income and she wants to stay with Julia in the house. Gail has had enough and wants to divorce Carl in the long term and wants him out of the house, so that she and Julia can live in peace.

To taunt her one night, Carl comes home drunk and starts banging on the bedroom door. When Gail threatens him with the police, he shouts that he will come back later and 'finish them all off.' Gail is now extremely frightened. She wants the violence to stop immediately and then to divorce Carl, but she is worried that the court will award himall ofthe marital property and as she has no job,she is worried that her and Julia will be left destitute.

In the light of the above consider the following for discussion:

1. Advise Gail on how family law can assist her in the short term with regards to Carl's violence and threats against her and their daughter, Julia.
2. If Gail chooses to divorce Carlon the basis oftheir marriage having irretrievably broken down due to his unreasonable behaviour, how might the court redistribute the marital property?

Sample response:

The facts in this scenario give rise to a claim of controlling and/or coercive behaviour.

Herring claims that one of t he most important shifts was the understanding that domestic abuse was a pattern of behaviour rather then a singular, isolated incident.[1] Statutory guidance produced by the home office in 2023 affirms that coercive and controlling behaviour 'is an intentional pattern of behaviour that occurs on two or more occasions, or which takes place over time, in order for one individual to exert power, control or coercion over another.'[2] The precedent case that distinguishes and identifies behaviour that should be regarded as harassment is case C v C [1998].[3]

Controlling and coercive behaviour are acts which are designed to make a person feel inferior and dependant on on their abuser by encouraging them to limit their contact with their own support network.[4] Examples of this type of behaviour include, but are not restricted to, telling victims what to wear, manipulating their possessions, and controlling and observing their everyday activities.[5]

The Domestic Abuse Act 2021 section 1(3)(c)[6] includes controlling and coercive behaviour within the statutory definition. The Serious Crime Act 2015 section 76[7] introduced the offence of controlling and coercive behaviour in an intimate or family relationship. Parties must be personally connected as per the SCA 2015 section 76 (6).[8]

I believe it is evident from the information provided that Gail has experienced, and is a victim of, coercive and controlling behaviour. Under the terms of DAA 2021 s22,[9] Gail might be able to get a Domestic Abuse Protection Notice as a temporary measure of safety. If granted, the protection notice might forbid Carl from getting in touch with Gail or from being close to their house.[10]

What other remedies could be available to Gail in this scenario?

[1] J, Herring, Family Law, (10^th edition, Pearson, 2021) pg 312

[2] Home Office, Statutory Guidance Framework - Controlling or Coercive Behaviour, ( 5 April 2023)

[3] C v C 1 FCR 11 (FAM D)

[4] Home Office, Statutory Guidance-What the Police and organisations should do to keep victims safe- Controlling or Coercive Behaviour, (April 2022)

[5] Home Office, Statutory Guidance- Domestic Abuse, (July 2022)

[6] Domestic Abuse Act 2021

[7] Serious Crime Act 2015

[8] Serious Crime Act 2015

[9] Domestic Abuse Act 2021

[10] J, Herring, Family Law, (10^th edition, Pearson, 2021) pg 323

Give a response to the above scenario, and analyze with UK caselaw and acts.