When a parent is being denied contact with their child, it can be distressing, especially if that parent is also a victim of domestic abuse. In such cases, the legal system must carefully balance the child’s welfare with the safety and rights of the parent seeking contact.
Understanding the Legal Framework
In the UK, the family court’s primary concern is the welfare of the child. However, the court also recognises that children benefit from having a relationship with both parents – unless doing so would place them at risk of harm.
If a parent is being denied contact and is also a victim of domestic abuse, the court will consider several factors:
- Does the parent have Parental Responsibility (PR)? If they do, they have a legal right to be involved in decisions about the child’s upbringing. However, PR does not automatically entitle them to contact.
- Is there a history of domestic abuse? The court must consider whether contact would expose the child or the parent to further harm. Practice Direction 12J sets out guidance to the court on investigating allegations of domestic abuse before making any contact order.
- Has the parent attempted mediation? Normally, parents must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. However, victims of domestic abuse are exempt from this requirement.
What the Court Can Do
If the parent applies to court, they may seek a Child Arrangements Order ‘spend time with’ to establish contact. The court may decide that a fact-finding hearing is necessary to resolve any allegations of abuse. There are lots of options for contact available to the court in relation to what contact is ordered and this is decided upon on a case by case basis, taking into account all considerations. The court may order no contact if it is deemed unsafe or not in the child’s best interests.
The court may also put special measures in place to protect the victim during proceedings, such as separate waiting areas or screens in the courtroom.
Legal Aid and Support
Victims of domestic abuse may be eligible for legal aid, provided they can supply approved evidence such as police reports, medical records, or letters from support organisations. This can help cover the cost of legal advice, representation, and court applications.
The Role of Cafcass
The court may ask Cafcass (Children and Family Court Advisory and Support Service) to prepare a report. Cafcass officers may assess the impact of abuse on the child and advise the court on safe contact arrangements.
Next Steps
If you are a parent who has been denied contact and are also a victim of domestic abuse, you are not alone and you do have options. The family court is equipped to handle these complex situations with sensitivity and care. Seeking legal advice from a solicitor experienced in family law and domestic abuse is a crucial first step.
Ison Harrison are experienced family solicitors with a wealth of experience. To find out if you could be eligible for legal aid, contact a member of our family team at our Castleford branch. Call 0113 2845000 or email hello@isonharrison.co.uk.
