Capitol Family Mediation Barking and Dagenham

The Domestic Abuse Act 2021 defines domestic abuse broadly, including physical, emotional, sexual, financial, and coercive control. Importantly, a child is considered a victim of domestic abuse if they see, hear, or experience the effects of the abuse.

1. The Presumption of Parental Involvement is Disapplied

Ordinarily, the law presumes that the involvement of both parents in a child’s life is beneficial to the child’s welfare.

Crucial Change: If there is a finding or admission of domestic abuse, the court must consider whether the presumption of parental involvement is displaced because it would put the child or the other parent at risk of suffering harm. The child’s safety always takes precedence over the principle of two-parent involvement.

2. The Requirement for a Fact-Finding Hearing

If domestic abuse is alleged and denied, the court cannot proceed with contact arrangements until the facts are established.

The court will likely pause the main case and list a Fact-Finding Hearing.

At this hearing, a Judge reviews the evidence (police reports, medical records, witness statements) to determine whether the alleged abuse took place.

If the abuse is proven, this finding will significantly influence the subsequent decisions on contact and child arrangements, as the risk of harm is then confirmed.

3. Safety Measures and Contact Restrictions

If domestic abuse is established, the court must be satisfied that any contact order will not expose the child or the parent to an unmanageable risk of harm.

The court will often impose protective measures, which can include:

Supervised Contact – Contact takes place at a designated, neutral contact centre or is supervised by an approved third party. This is often used as an interim measure to ensure the child’s safety while maintaining the parent–child relationship.

Indirect Contact – Contact is limited to letters, cards, or video calls, with no face-to-face meetings.

No Contact – In serious cases where there is an unmanageable risk of physical or psychological harm to the child, the court may order no contact with the abusive parent.

No Cross-Examination – The court must put protective measures in place to prevent a victim of abuse from being directly cross-examined by the alleged perpetrator during proceedings.

The court will also consider whether the abusive parent can access local Perpetrator Programmes aimed at changing their behaviour before any unsupervised contact is permitted.