Season 5 of Netflix’s gripping thriller, You, has recently been released. Beyond the drama of love turned obsession lies a disturbing reality – coercive control and abuse; these are not just fictional plot devices, but very real issues that family law deals with daily.

As family law professionals, we see first-hand how relationships can spiral. Whilst most cases don’t reach the extremes of Joe Goldberg’s behaviour, You raises real questions about what legal protections exist when love becomes dangerous.

Coercive control: more than just a buzzword

Since the Serious Crime Act 2015, coercive control has been a criminal offence in England and Wales. It includes behaviour designed to intimidate, isolate, or control a partner – commonly perpetrated without the use of physical force. Joe’s manipulation and surveillance tactics are prime examples of such conduct.

Section 76 of the Act makes it an offence to engage in a pattern of controlling or coercive behaviour in an intimate or family relationship. Coercive control is a deliberate pattern of behaviour intended to control, isolate, or dominate another person, and it can cause significant harm, even without physical violence. The courts consider coercive control as a serious matter, and legal measures such as non-molestation orders and occupation orders may be available to help protect those at risk.

Violence and domestic abuse

Joe’s escalating violence towards his partners highlights the very real dangers of domestic abuse. Domestic abuse is not only physical; it also includes emotional, psychological, and financial abuse. The Domestic Abuse Act 2021 recognises these forms of abuse as equally damaging, and again, applications, non-molestation orders and occupation orders can prevent further harm.

Child welfare

In the later seasons, Joe becomes a father. This introduces a further layer of concern; the welfare of the child. Courts in England and Wales place the child’s best interests at the heart of any decision. Where a parent’s behaviour is emotionally harmful or poses any risk to a child’s wellbeing, the family courts will take this into account when determining child arrangements. Under section 1 of the Children Act 1989, the child’s welfare is the court’s paramount consideration. To assess what is in the best interests of the child, the court applies the Welfare Checklist, which includes factors such as the child’s physical, emotional and educational needs; the likely effect of any change in circumstances; and any risk of harm the child may face.

Financial abuse in relationships: Joe’s experience with Kate Lockwood

In Season 5, Joe’s relationship with Kate Lockwood introduces a new dimension to his character’s experience of control and manipulation. Kate takes drastic steps to restrict Joe’s financial independence by cutting off his access to funds. This form of financial abuse, whereby one partner exerts control by limiting the other’s access to money, can be equally damaging and often goes unnoticed. Despite Joe’s history of being a perpetrator, his experience with Kate underscores that financial control can affect anyone, regardless of their past actions.

Economic abuse is recognised under the Domestic Abuse Act 2021. This includes behaviours that control or restrict a person’s ability to manage their finances, often to keep them dependent on the abuser. Although Joe’s past actions have been reprehensible, his experience with Kate demonstrates that abuse is not limited to one direction. In cases of separation or divorce, the courts will take financial abuse into account when determining financial settlements.

How we can help

If you are experiencing issues, our team is here to help. We offer clear, confidential legal advice and support through every step of the process.

We specialise in:
• Divorce and financial settlements;
• Domestic abuse and protective orders;
• Child arrangements and safeguarding;
• Prenuptial and postnuptial agreements;
• Coercive control and abuse.

If you feel Franklins might be the right firm to advise you on your legal position, and you would like to enquire about when an initial appointment could be scheduled, contact our Family Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

What is a Child Arrangement Order?

It is a Court Order which sets out who a child should live with, spend time with or otherwise have contact with. It replaces ‘residence’ and ‘contact’ orders, although people who have existing residence and contact orders do not need to apply to replace them with child arrangement orders. They are made under powers granted by section 8 of the Children Act 1989.

Who can apply for a Child Arrangement Order?

• The child’s parent, guardian or special guardian.
• The child’s stepparent or any person who has Parental Responsibility for the child.
• Anyone with whom the child has lived for a period of three years.

• The Court can also make CAO of its own initiative if the welfare of a child arises during family proceedings.

When should I apply for a Child Arrangement Order?

You can apply for a Child Arrangement Order if you and your partner cannot agree on the child arrangements or if one parent is unreasonably withholding contact.

You must attend a meeting about mediation before issuing an application. This is known as a ‘Mediation Information and Assessment meeting’ (MIAM)

How do I apply for a Child Arrangement Order?

You will need to complete the C100 Court form and send it to Court for issuing along with 3 copies and the Court fee.

How Long Does a Child Arrangement Order Last? 

The Order normally ends when the child is 18 years of age, unless the Court makes the order for a period of time.

Can I Change My Child Arrangement Order?

Once the Order has been issued by the Court, it is possible to vary it. If the variation can’t be agreed with the other party directly, then a further application to the Court will have to be made.

How can I enforce a Child Arrangement Order?

The Court has a wide range of powers and can impose sanctions on anyone who doesn’t comply with the Order. An application can be made to the Family Court for enforcement of a Child Arrangement Order if it has been broken without a reasonable excuse. You can make the application using form C79.

Here at Franklins, our experienced solicitors can make the Child Arrangement Order process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.