Domestic Abuse

Domestic abuse affects individuals across all walks of life. It leaves a lasting impact on both adults and children. Domestic abuse can take many forms, including physical violence, verbal abuse, coercion, control, emotional manipulation, and financial exploitation. Recognising and addressing domestic abuse is crucial, especially when children are involved.

How Domestic Abuse Affects Child Arrangements

When a parent applies to the family court for a child arrangements order, the court assesses at the outset whether domestic abuse is an issue between the parents. The court asks Cafcass (the Children and Family Court Advisory and Support Service) to prepare a safeguarding letter. To prepare the letter, Cafcass will carry out background checks with the police and local authorities. They also speak to both parents to identify any history or evidence of abuse. Cafcass share the safeguarding letter with the court. The parents also receive a copy of the letter.

If the court believes the allegations of domestic abuse are relevant to your child’s welfare, it may order a fact finding hearing. The court will be guided by Practice Direction 12J. The court will take some time to organise the evidence and arrange the date of this hearing.

At a fact finding hearing Magistrates or a Judge decide whether the domestic abuse allegations are true.

What the Court Can Decide

If the court finds that a parent was domestically abusive to the other parent or to the child,  this can significantly affect that parent’s relationship with their child. The court prioritises the child’s safety and emotional wellbeing, which may lead to restricted or supervised contact arrangements.

How We Can Help

At Children in the Middle you can instruct one of our direct access barristers without also instructing a solicitor. You will receive cost-effective legal advice from an expert family law barrister.  

Our barristers offer expert guidance through:

• Legal advice during an appointment.
• Drafting of court applications and witness statements.
• Court representation at all stages of proceedings.

Fixed Fees

We work on a fixed-fee basis, so you stay in control of your budget and the level of support you receive. No hourly rates. No hidden costs.

Get in Touch

Contact us through our clerk, Tracey.