I have been working (pro-bono) with Rose since she ran out of money and I'm fronting this campaign on her behalf as she is prohibited by family court rules from identifying herself or her child (names have been changed).
The story will be familiar to those involved with the family court but may be shocking to others who are not aware of what goes on behind closed court doors. Here is Rose’s account of her 8 year battle in the family court to protect her daughter:
“I was subjected to emotional and sexual violence, including rape and coercive and controlling behaviour, by my abusive ex partner. I fled with my daughter Mia when she was a baby, but for the next four years Mia and I were repeatedly failed by a judge, social workers and the police. When Mia's father applied to the family court for contact I was met with a judge who minimised my ex partner's behaviour and misunderstood and dismissed my allegations of sexual violence. Mia was ordered into unsupervised contact with her father. When she began saying that he was sexually and emotionally abusing her, and she wanted no further contact with him, these reports were ignored by social services and the police.
I was originally threatened by social workers with Mia being taken into care if I tried to protect her. Now it is Mia’s father who is asking for a transfer of residence, alleging that I am alienating Mia from him. The trauma experienced by both Mia and I has been life changing and we both need further therapy.
But there is hope.
In response to my complaint, social services admitted serious breaches in child protection procedure and closed the case with Mia safe in my sole care. The original judge stepped down, admitting bias. A new judge suspended the contact between Mia and her father, and ordered a re-hearing of the original fact find. Although I am terrified and know how re-traumatising it will be to go through another five day hearing I have to get through this in the hope that the court will finally protect Mia from any further harm.
I spent £175,000 on legal fees in the first 7 years in family court. I had to sell my house and I now also have debts of over £40,000 for more legal fees. I have no further way to fund my final legal expenses and I will be so grateful for any donation, big or small.”
This is a ground-breaking case, the first we know of where a survivor of domestic abuse has been able to convince the family court to re-open a fact-finding decision as a result of recent reforms. Although it is in the family court, not the High Court or Court of Appeal, a positive outcome could help others put right poor fact-finding decisions in the family court without having to appeal or being bound by the time limits for appeals"
Rose is trying to get the judgments in her case published in the hope they may help other survivors put right errors in the family court and bring their children to safety. But she also needs to get over this final legal hurdle to protect herself and her child. She has put everything on the line, and sold everything she owns. She is not eligible for legal aid because her income is slightly over the threshold, and she is still in debt to her previous lawyers.
Rose struggles and juggles every month to pay her rent and household expenses. As well as legal expenses for this and a later 'welfare' hearing, Rose needs funds for childcare, and to make up for loss of earnings preparing for and attending the hearings. Any further donations will go towards treatment and therapy Mia needs, and IDVA support for her mum through the court process.
The next court hearing is fast approaching, please give what you can now, thank you so much. Please note that, as we are not a charity, a fee will be deducted from every donation before it is sent to Rose. When you go to make a payment you will also be asked to add a 20% 'tip'. If you want to avoid this you can either move the slider to 10% or you can click on 'Enter custom amount' and put £0 in the pop-up box.