How Divorce Affects Men’s Mental Health
Mental health problems affect around one in five adults. And, with more and more people coming forward to speak openly about their mental health experiences, it’s no longer the taboo topic that it once was.
Partner, Family Law
TW: This article covers themes of abuse and violence
On the 20th January 2022 the High Court in England and Wales adopted the term ‘gaslighting’ in a ruling to describe coercive behaviours. In an all time first, it’s dubbed to be a ‘milestone’ hearing, which can help solidify many domestic and emotional abuse victims that come forward. Our Family Law Solicitors wholeheartedly welcome this landmark judgement which recognises the seriousness of gaslighting in relationships as a form of hidden abuse.
The judgement was handed down in the family courts on January 20th 2022, and Dr Charlotte Proudman, a leading human rights barrister who led the case has stated that the judges use of this terminology gives gaslighting “legitimacy and credibility”, as she warned abusers have long been warping victims’ “realities”. The term is used to describe a form of manipulation, where the abuser makes someone question their grasp on reality; forcing them to doubt their own versions of events, memories or abilities. Dr Charlotte Proudman specifically specialises in violence against women and girls, and is a research fellow at Queens’ College, Cambridge, which places her at the forefront for forging a positive change.
The landmark case is the first in history that described ‘gaslighting’ in place of coercive behaviour. The case involved a child whose parents could not agree to the child arrangements, which was causing an issue amongst the family. Both parents made cross allegations of domestic abuse, following which the Court felt it would be appropriate for there to be a fact-finding hearing to consider the allegations, which took a total of five days to cover.
In cases such as this, the burden of proof lies with the person making the allegation. The standard of proof is a civil standard, therefore the Court considers the balance of probability of the incident occurring.
In the case of Re B-B (Domestic Abuse: Fact-Finding), the esteemed judge presiding over the matter, Mr. Justice Cobb, confirmed that it was okay to use the word 'gaslighting' to describe what the father did to the mother, as stated by the victim's lawyer. In addressing the concept of gaslighting, Mr. Justice Cobb articulated that "the father’s conduct represented a form of insidious abuse designed to cause the mother to question her own mental well-being, indeed her sanity."
The court findings were that the father of the child was emotionally controlling the mother, also known as coercion, and had isolated the mother socially. It was said that he often was “gaslighting her'' making her, and others, believe she has Bi-Polar disorder.
Lord Justice Cobb read in the High Court Re B-B (Domestic Abuse: Fact-Finding) (Rev1) [2022] EWHC 108 (Fam), that “Dr. Proudman's use of the term 'gaslighting' in the hearing to describe this conduct was in my judgement apposite (appropriate); the father’s conduct represented a form of insidious abuse designed to cause the mother to question her own mental well-being, indeed her sanity.’
Lorraine Harvey, a family law expert at Simpson Millar, said “the case has recognised the seriousness of Gaslighting and may help victims of domestic violence (DV) come forward for support and protection.”
The Independent. (2022, February 14). Landmark judgment on gaslighting in family courts. Retrieved from https://www.independent.co.uk/news/uk/home-news/gaslighting-high-court-judgement-family-courts-b2014708.html
Simpson Millar. (n.d.). Lorraine Harvey. Retrieved from /our-people/lorraine-harvey/
The Independent. (2023). Charlotte Proudman. Retrieved from https://www.independent.co.uk/author/charlotte-proudman?CMP=ILC-refresh
National Domestic Violence Hotline. (n.d.). What Is Gaslighting? Retrieved from https://www.thehotline.org/resources/what-is-gaslighting/
Psycom. (2021, November 2). Gaslighting: What Is It? Retrieved from https://www.thehotline.org/resources/what-is-gaslighting/#
HealthyPlace. (n.d.). Gaslighting: Definition, Techniques, and Being Gaslighted. Retrieved from https://www.healthyplace.com/abuse/emotional-psychological-abuse/gaslighting-definition-techniques-and-being-gaslighted
British and Irish Legal Information Institute. (2022). Case No: ZC21P00248. Retrieved from https://www.bailii.org/ew/cases/EWHC/Fam/2022/108.html
The Transparency Project. (2022 February 11). What Is Gaslighting and What Does It Mean in Family Court Cases? Retrieved from https://transparencyproject.org.uk/what-is-gaslighting-and-what-does-it-mean-in-family-court-cases/
UK Government. (2015). Statutory guidance framework: Controlling or coercive behaviour in an intimate or family relationship. Retrieved from https://www.gov.uk/government/publications/statutory-guidance-framework-controlling-or-coercive-behaviour-in-an-intimate-or-family-relationship
UK Legislation. (2015). Serious Crime Act 2015, Section 76. Retrieved from https://www.legislation.gov.uk/ukpga/2015/9/section/76/2015-12-29
UK Government. (n.d.). Controlling or coercive behaviour: statutory guidance framework. Retrieved from https://www.gov.uk/government/publications/controlling-or-coercive-behaviour-statutory-guidance-framework
Fill in your details and one of the team will call you back