Unintended consequences of non-harassment orders: child contact decision-making

McPherson, R. (2022) Unintended consequences of non-harassment orders: child contact decision-making. Journal of Social Welfare and Family Law, 44(4), pp. 495-511. (doi: 10.1080/09649069.2022.2136714)

Abstract

This paper considers the implications and unintended consequences of the increased use of non-harassment orders in criminal proceedings. In particular, it considers how non-harassment orders co-exist with the existing framework for decisions related to child contact proceedings. In this paper it will be shown that while non-harassment orders are needed for the protection of the victim and any child of the family, such orders may impact upon the traditional routes in which child contact decisions are made. This fact has not been the subject of consideration but is very significant given the inherent tension which results in a landscape where there is a trend towards respect for the views of children in Scottish child contact proceedings. It is recommended that priority must now be given to the use of such orders in cases involving children. Opportunities to consider this issue in more detail are highlighted.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: McPherson, Dr Rachel
• Authors: McPherson, R.
• College/School: College of Social Sciences > School of Law
• Journal Name: Journal of Social Welfare and Family Law
• Publisher: Taylor & Francis
• ISSN: 0964-9069
• ISSN (Online): 1469-9621
• Published Online: 28 October 2022
• Copyright Holders: Copyright © 2022 The Author(s)
• First Published: First published in Journal of Social Welfare and Family Law 44(4): 495-511
• Publisher Policy: Reproduced under a Creative Commons License