Children issues within domestic abuse
What is a Child Arrangements Order and how can it protect from domestic abuse?
A Child Arrangements Order (CAO) is a legal document issued by the family court in the UK that outlines where a child will live, with whom they will spend time, and how they will maintain contact with both parents and other significant people in their life. These orders are crucial in situations where parents cannot agree on arrangements for their child, particularly in cases involving domestic abuse.
Making allegations of domestic abuse
When applying for a Child Arrangements Order, if there are allegations of domestic abuse, it is crucial to inform the court. Domestic abuse can significantly impact the court’s decisions regarding child arrangements to ensure the child’s and the non-abusive parent’s safety and well-being.
- Documenting Abuse: It is important to provide as much evidence as possible. This can include police reports, medical records, witness statements, and any other relevant documentation that supports the allegations of abuse.
- Impact on Children: Clearly explain how the abuse has affected the children, including any emotional, psychological, or physical harm they have suffered. According to the Domestic Abuse Act 2021, children are considered victims of domestic abuse if they see, hear, or experience the effects of abuse. The court prioritises the child’s welfare and will consider the impact of the abuse on their well-being.
Fact-finding hearings
In cases where there are allegations of domestic abuse, the court may order a fact-finding hearing. This is a preliminary hearing to determine the validity of the abuse allegations before making any decisions regarding child arrangements.
- Purpose: A fact-finding hearing aims to establish the facts surrounding the allegations of abuse. The court will examine the evidence provided by both parties to determine whether the allegations are substantiated.
- Process: During the hearing, both parties will present their evidence, and witnesses may be called to testify. The judge will evaluate the credibility of the evidence and make findings of fact.
- Outcome: If the court finds that domestic abuse has occurred, this will significantly influence the subsequent decisions regarding child arrangements. The court will generally prioritise the child’s safety and may restrict the abusive parent’s contact or order supervised contact only.
Our approach
Goodman Ray Solicitors have a specialist and dedicated team which deals specifically with domestic abuse and all of our solicitors have expertise and training in helping protect individuals from abuse.
Goodman Ray Solicitors have been at the forefront of changes in the law to help protect individuals from abuse, including representing the partner seeking protection from abuse in a landmark case which brought about a change in how the Court considers domestic abuse.
Get in touch with our child arrangements solicitors
If you are experiencing domestic abuse and need assistance with child arrangements orders, Goodman Ray Solicitors can provide the expert legal support and representation you need. We understand the complexities and sensitivities involved in these cases and are committed to ensuring your safety and the best interests of your children.
Contact Goodman Ray Solicitors on 020 7608 1227 or email us at mail@goodmanray.com for for help in navigating the legal process and securing the necessary protections for you and your family.
Call us
☎️ Call our London office on 020 7608 1227
☎️ Call our Brighton office on 01273 090211