Domestic Abuse and Child Custody

When deciding a case on contact, the Children Act 1989 states that the child’s welfare is paramount. The fact that there has been domestic abuse does not automatically mean the abuser will be refused contact.

What is considered to be “Domestic Abuse”?

Domestic abuse can include:

• Physical abuse: any form of physical assault
• Emotional or Psychological abuse: humiliation, manipulation, criticism, making someone question their sanity.
• Sexual abuse: any non-consensual or pressured sexual activities
• Coercive control: controlling any aspect of life (isolation, financial control, forcing dependency).

What will the Court consider?

As the child’s welfare is paramount, the court will consider the “Welfare checklist”. Parents must remember that the court will always take the view that, unless there is evidence to the contrary, it is in the children’s best interest to have contact with both parents. The court will have regard to:

• The wishes and feelings of the child (considered in the light of their age and understanding). The younger the child, the less the court will take his wishes into account.
• Their physical, emotional and educational needs.
• The likely effect on them of any change in circumstances.
• Their age, sex, background and any characteristics which the court considers relevant.
• Any harm they have suffered or is at risk of suffering. The fact that there has been domestic abuse will be taken into account, but it will not necessarily mean that the abuser is unfit for contact.
• How capable each of the parents is of meeting the child’s needs.

When dealing with child arrangement orders in the context of domestic abuse, the Courts must also consider the conduct of both parents towards each other and the child, and the impact on the latter. That includes:

• The effect of the domestic abuse on the child and its effect on the child’s relationship with the parents;
• Whether the parent is motivated by a desire to promote the best interests of the child or is using the process to continue a form of domestic abuse against the other parent;
• The likely behaviour during contact with the parent against whom findings are made and its effect on the child; and
• The capacity of the parents to appreciate the effect of past domestic abuse and the potential for future domestic abuse.

The court will only reduce the contact between the child and the perpetrator if it is satisfied that the physical and emotional safety of the child and the parent with whom the child is living can be secured before, during and after contact.

 If you have any family related issues you can seek free advice at Bangor University Legal Advice Clinic (BULAC). If you would like to book an appointment with us call 01248  388411, or you can also email us at bulac@bangor.ac.uk