This blog will briefly look at the measures the court can put in place specifically in relation to Children Act Proceedings where domestic abuse is alleged.

If you are involved in Children Act Proceedings (either as the Applicant or the Respondent) both parties are usually required to attend court in person. 

However, if domestic abuse is raised as an issue, there are measures the court can put in place to assist. These are found in Practice Direction 12J of the Family Procedure Rules 2010.

The purpose of the Practice Direction is to set out what the Family Court or the High Court is required to do in any case in which it is alleged or admitted that either the child concerned or a party has experienced domestic abuse perpetrated by another party, or that there is a risk of such abuse. 

In this context, domestic abuse is defined as: 

“any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, psychological, physical, sexual, financial, or emotional abuse. Domestic abuse also includes culturally specific forms of abuse including, but not limited to, forced marriage, honour-based violence, dowry-related abuse and transnational marriage abandonment”. 

If domestic abuse is raised an issue either by one of the parties or by CAFCASS (the court advisory service for children matters), then the court will consider the provisions in PD12J.  

The practice direction guidance states that:  “If at any stage the court is advised by any party (in the application form, or otherwise) or by CAFCASS that there is a need for special arrangements to protect the party or child attending any hearing, the court must ensure so far as practicable that appropriate arrangements are made for the hearing (including the waiting arrangements at court prior to the hearing, and arrangements for entering and exiting the court building)”. 

The request for these special measures can either be made at the time of making the Children Act application or afterwards. 

The court can also order for measures to be put in place to prevent the victim of abuse being cross-examined by the perpetrator. There is currently a Domestic Abuse Bill awaiting governmental review; if enacted this Bill will add further protections for victims in this situation. 

If you would like any further information or advice in relation to family law court proceedings or domestic abuse and children matters, please contact our specialist family lawyers: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.