The Crime Survey for England and Wales estimates that approximately 3.8 million people (7.8%) aged 16 years and over experienced domestic abuse up until the year ending March 2025.

Many of these people find themselves within the family court system, leaving them feeling scared of whether they will be protected as victims of abuse or frightened of disclosing information.

When commencing family proceedings, it is fundamental that people do not feel fear and understand that the court system will protect them. There is a structured legal framework known as “safeguarding”. Which focuses entirely on managing and assessing risks for individuals where there is a history or ongoing domestic abuse.

What is Domestic Abuse?

Domestic abuse includes an incident or pattern of incidents of physical or sexual abuse, violent or threatening behaviour, controlling and coercive behaviour, economic abuse, psychological or emotional or other abuse between those who are personally connected to each other.

The Domestic Abuse Act 2021 defines various forms of behaviour and conduct. And recognises children as victims of abuse if they have heard, seen or experienced domestic abuse or are related to the person being abused or the perpetrator. Further, the Act recognises that people do not need to be living together, or cohabiting to be personally connected to each other.

How does the Court support victims in Family Proceeding?

The Courts are equipped to assess future risk and respond to allegations in a strategic and lawful way. A child’s welfare is paramount in all family proceedings. Section 1 of the Children Act 1989 states that when a Court determines any question relating to the upbringing of a child, the child’s welfare shall be the court’s paramount consideration. And where domestic abuse issues are raised, child protection and safeguarding is imperative, not optional.

The Court's can afford people protective measures when attending the Family Court to avoid having to come face to face with their perpetrator for example, separate entrances and exits, waiting rooms and using screens in the Court or attending via video link.

Within Private Law Children’s Act proceedings, the Court must consider “the welfare checklist” which includes, but is not limited to:

  • The child’s wishes and feelings (in light of their age and understanding)
  • The child’s physical, emotional and educational needs
  • How capable each parent is of meeting the child’s needs
  • The likely effect of any change in circumstances
  • Any harm the child has suffered or the risk of harm
  • A child’s age, sex, background and relevant characteristics

So how does this effect the Family Court system?

The Courts and CAFCASS (Children and Family Court Advisory and Support Service) or in some cases the Local Authority, are well appointed to deal with such cases and assess domestic abuse at the outset of a case. Irrespective of whether such abuse is alleged or admitted, the Court must apply Practice Direction 12J. This legal framework considers in detail whether it is necessary to prove facts where allegations are banded around which will help to establish a factual matrix before determining any future arrangements for the child.

It is imperative for the Court to fully understand and assess risks before making any Child Arrangements Orders. By determining who the child should live with or who the child should spend time with and that contact does not expose the child or resident parent to harm. The Courts are alert to tactical use of allegations - that does not mean genuine concerns are dismissed. It means credibility matters.

The Courts are not primarily there to punish past behaviour - they are assessing future risk for your child. Fundamentally, the Court will only make an Order for a child if this is in the best interests of the child and better for the child than not making an Order at all.

Next Steps….

If you have separated or are wishing to divorce and have concerns relating to domestic abuse, and wish to determine the future and appropriate contact arrangements for your child, we are able to help. Please don’t hesitate to contact me by emailing a.harrison@timms-law.com or call 01283 561531. You can also visit our Family Law section of our website here.