Domestic Abuse and Child Arrangements

How Domestic Abuse Changes a Children Case

A child arrangements order decides who a child lives with, who they spend time with and when. Where the court is told, or has reason to believe, that a child or a parent has experienced domestic abuse from another party or is at risk of it, Practice Direction 12J of the Family Procedure Rules sets out what the court must do at every stage. The general law on child arrangements orders is on its own page.

Domestic abuse takes its meaning from section 1 of the Domestic Abuse Act 2021: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional or other abuse between people aged 16 or over who are personally connected. Under section 3, a child who sees, hears or experiences the effects of that abuse and is related to either person is a victim in their own right.

The child's welfare is the court's paramount consideration, and the welfare checklist in section 1(3) of the Children Act 1989 includes any harm the child has suffered or is at risk of suffering; harm includes seeing or hearing the ill-treatment of another. Section 1(2A) asks the court to presume, unless the contrary is shown, that a parent's involvement furthers the child's welfare, but it applies only to a parent who can be involved in a way that does not put the child at risk of harm. Where there is some evidence before the court to suggest that involvement in any form would put the child at risk, that assumption falls away and the practice direction requires the court to consider carefully whether the presumption applies at all. The Courts and Tribunals Bill before Parliament would remove the presumption, but it has not yet passed.

Raising Abuse: Form C1A and Safeguarding Checks

The application is made on form C100. Where you say that you or a child have suffered or are at risk of harm, you also complete form C1A, and the other parent uses the same form to respond. Evidence of domestic abuse of the kind specified in Practice Direction 3A exempts you from attending a mediation information and assessment meeting first, though the court can ask whether the exemption was validly claimed. The court must not expect you to take part in conciliation that is not suitable or safe. A court fee is payable unless you qualify for help with fees; the amounts are on the GOV.UK court fees page.

Before the first hearing Cafcass checks with the police and the local authority, usually speaks to each parent by telephone and reports to the court in a safeguarding letter. If the adviser has cause to suspect the child is at risk of harm, section 16A of the Children Act 1989 requires a risk assessment, which is provided to the court in writing. Where the results are not back and no other reliable safeguarding information is available, the court must adjourn the first hearing until they are. Without safeguarding information it must not generally make an interim child arrangements order or an order for contact, unless the order is to protect the child's safety or safeguard the child from harm.

If you are, or are at risk of being, a victim of domestic abuse by another party, rule 3A.2A of the Family Procedure Rules requires the court to assume that your evidence and participation are diminished and to consider participation directions, such as a screen or evidence by live link; the practice direction separately requires the court, so far as practicable, to arrange safe waiting, entry and exit at court where it is told that is needed.

Fact-Finding Hearings and the Evidence

At the first hearing the court must record whether domestic abuse is raised as an issue relevant to the child's welfare and should decide as soon as possible whether a fact-finding hearing is necessary, applying the factors in the practice direction. If it decides against one, the order must record why. Our allegations and fact-finding hearings page describes the hearing itself.

The court considers whether the disputed facts should be set out in a schedule or table, with examples of any pattern of coercive and controlling behaviour, so that the judge weighs the abuse as a whole rather than incident by incident; in Re H-N in 2021 the Court of Appeal endorsed a move away from Scott Schedules, and the practice direction also lets the court direct written statements setting out the behaviour and any response. Admissions and findings are recorded in a schedule to the order and sent to the officer preparing any welfare report.

A party cannot cross-examine the other in person where they have been convicted of, cautioned for or charged with a specified offence against them, where an on-notice protective injunction such as a non-molestation order is in force between them, or where specified evidence of domestic abuse is produced, and the court can prohibit it in other cases. If the party has no lawyer, the court considers appointing a qualified legal representative to put the questions.

How the Court Process Works

1. We take your account and gather what exists: police references, any injunction, medical or refuge records, messages. If you need protection now, we advise on a non-molestation order first.
2. We prepare the C100 and C1A, claim the MIAM exemption where the evidence supports it and file with the fee or a help with fees application.
3. Cafcass completes its checks, speaks to both parents and sends its safeguarding letter.
4. At the first hearing dispute resolution appointment the court records whether abuse is in issue, considers participation directions and decides whether a fact-finding hearing is necessary. It should not order interim contact unless satisfied that it is in the child's interests and would not expose the child or the other parent to an unmanageable risk of harm.
5. If a fact-finding hearing is listed, the court directs statements, any schedule of allegations and responses, third-party disclosure and cross-examination arrangements, and fixes a dispute resolution appointment to follow.
6. At the welfare stage the court considers directing a section 7 report, usually after any findings, may order assessments or an activity direction, and makes a final order with any conditions, any review date and, where appropriate, a section 91(14) order.

Orders the Court Can Make After Findings

Once abuse is established, the court applies the welfare checklist in that light, weighing the harm the child and the parent they live with have suffered against the harm an order would risk. It may direct a risk assessment, and should order contact only if satisfied that the physical and emotional safety of the child and the parent they live with can, as far as possible, be secured before, during and after contact, and that the parent will not face further abuse.

Where direct contact is found safe and beneficial, the court decides whether it is supervised, by whom and who pays. Where a risk assessment has concluded that a parent poses a risk to the child or to the other parent, the practice direction says a supported contact centre or supervision by a parent or relative is not appropriate. It can also make an activity direction under section 11A of the Children Act 1989, and Practice Direction 12J says any intervention it directs should be one Cafcass has commissioned and approved. Cafcass says it no longer commissions or offers the Domestic Abuse Perpetrator Programme, which the Ministry of Justice withdrew in 2022, so ask what is available in your case. Where direct contact is not appropriate the court considers indirect contact, and whenever it orders contact despite findings it must explain why the order will not expose the child to a risk of harm and is beneficial for the child.

Repeated applications can themselves be abuse. Under section 91(14) of the Children Act 1989 the court can require its permission before any further application of a specified kind about the child. Where abuse is found or admitted the court should consider such an order even if nobody has asked. If the other parent alleges alienating behaviour, Family Justice Council guidance from December 2024 asks whether the child's reluctance is an understandable response to that parent's behaviour and says 'parental alienation syndrome' has no evidential basis.

When Legal Advice Is Especially Important

Advice matters most before the C100 and C1A are filed: how allegations are framed shapes the safeguarding checks, the fact-finding decision and what stays on file. If you are answering allegations, an admission at a hearing is recorded against you and the same judge normally hears the welfare stage.

Consider urgent protection first. A non-molestation order can protect a relevant child as well as you, an occupation order can decide who lives in the home, and both can be sought without notice where warning the other parent would put you at risk; there is no court fee for those applications. See also forced marriage protection orders and honour-based abuse. If your permission to stay in the UK depends on the relationship, we also advise on settlement after domestic abuse.

RakLAW Solicitors is privately funded and does not offer legal aid. If you have evidence of domestic abuse you may get legal aid from another provider, and you can check your eligibility on GOV.UK; our family law fees page explains how we charge. If you are in immediate danger call 999; the National Domestic Abuse Helpline is 0808 2000 247.

How RakLAW Solicitors Can Help

RakLAW Solicitors, founded by solicitor Rakesh Prajapati, acts for parents on both sides of these cases from 42 Shad Thames, a short walk from Tower Bridge in Southwark.

After findings we advise on what a safe order looks like for your child. If an order is later ignored or needs changing, see enforcing a child arrangements order and varying a child arrangements order; a breach of a non-molestation order has its own page. Call 0203 345 2000 or book a free 15-minute consultation.