Domestic Abuse and the Family Court: How It Affects Your Case

How the Court Treats Domestic Abuse

The family court in England and Wales takes domestic abuse very seriously. The Practice Direction 12J, which applies to all child arrangements cases, requires courts to consider whether domestic abuse is an issue before making any contact order. If there are allegations of domestic abuse, the court must first assess whether a fact-finding hearing is needed before proceeding to consider what arrangements to make for the child.

Fact-Finding Hearings

A fact-finding hearing is a hearing at which the court examines disputed allegations and makes findings of fact: either proving or not proving the allegations on the balance of probabilities. In domestic abuse cases in child arrangements proceedings, the court may order a fact-finding hearing where the allegations, if proved, would significantly affect the outcome of the case.

The court applies a specific framework (called the Re H-N framework) when dealing with domestic abuse allegations, which focuses on patterns of coercive and controlling behaviour rather than individual incidents of violence.

Domestic abuse is not only physical violence. Coercive control, emotional abuse, financial abuse, and threats are all forms of domestic abuse recognised by both the criminal law and the family court. If you have experienced any of these, you can and should raise them in proceedings.

If You Are the Survivor

If you have experienced domestic abuse, raise it in your C100 application using the C1A form, which is specifically designed for allegations of domestic abuse and harm to children. Be specific: dates, incidents, any evidence including police records, GP notes, photos, text messages, or witness accounts. Consider applying for a non-molestation order if there is an ongoing risk. CAFCASS will take your account seriously if it is specific and evidenced.

If Allegations Are Made Against You

Allegations of domestic abuse made in family proceedings are serious and must be taken seriously even if you believe they are false or exaggerated. Do not dismiss them or respond with counter-allegations. Obtain a clear, factual account of your version of events. If there are witnesses, records, or other evidence that contradicts the allegations, preserve it. Consider whether you need legal advice for the fact-finding hearing specifically.

The Impact on Contact Orders

Where domestic abuse is found proved by the court, this does not automatically mean contact is refused. The court must still consider what arrangements are in the child's best interests. Contact may be ordered with safety conditions, such as handover through a contact centre, no direct communication between the parties, or specified handover arrangements. Supervised contact may be ordered. In cases of very serious abuse, where contact would place the child at real risk, contact may be refused.

Scott Schedules

At a fact-finding hearing, the court often requires the parties to complete a Scott Schedule: a table listing each allegation, the applicant's account, the respondent's response, and any evidence. This document is essential to the fact-finding process. If you are required to complete one, do so carefully, factually, and with specific dates and details. Vague or blanket allegations are less convincing than specific, evidenced ones.