If you are a parent involved in court proceedings about your child, one of the phrases you hear is “Practice Direction 12(J)”.
A Practice Direction is guidance to the Judge or Magistrate of the rules they have to follow in cases they are deciding.
Practice Direction 12(J) applies to cases where parents disagree over the arrangements for the care of their children and one of them has made an application to the court.
At the outset of the case, the court has to identify if domestic abuse by one parent towards the other or towards the child is likely to be raised as an issue in the case.
If the answer is yes, then the rules in the practice direction apply to the case.
This means that in all disputes between parents over the care of their child or children the first thing the court process does is to screen for any allegations of domestic abuse.
Should these allegations exist, then the practice direction guides the Judge or Magistrates in the procedure for the case and the factors they have to take into account when making decisions.
This will include the parties providing witness statements of what happened, obtaining evidence from the police or medical organisations and possibly having a fact finding hearing to decide what did or did not happen.
You can access a copy of Practice Direction 12(J) here:
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j
Should you need legal advice in respect of your case, please contact us on 0117 214 1797 or office@childreninthemiddle.co.uk