The legal framework governing domestic abuse and child contact has undergone significant transformation. In October 2025, the Government confirmed plans to repeal the statutory presumption of parental involvement from the Children Act 1989, when parliamentary time allows. This presumption, introduced in 2014, previously set an expectation that children benefit from contact with both parents — even in cases involving family court child contact and domestic abuse concerns.

The shift represents a cultural change in how the justice system protects vulnerable children in Domestic violence and child contact cases. Previously, courts operated under a strong presumption that children benefit from involvement with both parents. Research published by the Ministry of Justice found this approach sometimes left children exposed to harmful environments.

The New Focus on Child Safety

Under the reformed approach to domestic violence and child contact, judges must prioritise the impact of abuse on children, even if the children were not directly harmed. The Family Court can now refuse contact orders where credible evidence suggests contact could cause emotional or psychological harm. This evidence-based approach requires judges to consider all forms of abuse — physical, emotional, and psychological — when making decisions about family court child contact and domestic abuse arrangements.

The Domestic Abuse Act 2021 provides the statutory definition that applies in all domestic abuse and child contact proceedings. Domestic abuse includes behaviour that is:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse affecting financial independence
• Psychological, emotional or other abuse
• Culturally specific forms including forced marriage, honour-based violence, and dowry-related abuse

Crucially for domestic abuse and child contact cases, Section 3 of the Domestic Abuse Act 2021 recognises that children who see, hear, or experience the effects of domestic abuse are themselves victims. This recognition transforms how courts assess risk in child contact and coercive control proceedings.

Practice Direction 12J: The Court’s Roadmap

Practice Direction 12J (PD12J) sets out what the Family Court must do in family court child contact and domestic abuse cases where abuse is alleged, admitted, or suspected. This Practice Direction provides mandatory guidance that judges must follow throughout proceedings involving child contact and coercive control disputes.

Key Requirements Under PD12J

At all stages of domestic abuse and child contact proceedings, the court must:

1. Identify domestic abuse issues at the earliest opportunity
2. Consider the nature of any allegations and their relevance to child arrangements
3. Give directions to enable contested issues to be tried fairly
4. Ensure any child arrangements order protects the safety of the child and the parent with whom the child lives
5. Avoid exposing either party to the risk of further harm

When domestic abuse is a factor in child arrangements proceedings, the court follows a structured process designed to establish facts and protect children. Understanding this process helps parents prepare effectively for domestic abuse and child contact hearings.

Stage 1: Application and Safeguarding Checks

Applications for Child Arrangements Orders are made on Form C100, with an accompanying Form C1A if domestic abuse concerns exist. Cafcass (Children and Family Court Advisory and Support Service) conducts safeguarding checks, reviewing police records and social services information. These checks form the foundation for assessing risk in domestic abuse and child contact cases. If children’s services are already involved, our social services investigation step‑by‑step guide explains what to expect and how this links to family court child contact and domestic abuse decisions.

Stage 2: First Hearing Dispute Resolution Appointment

At the FHDRA, the court reviews safeguarding reports and considers whether domestic abuse allegations require further investigation. The judge determines if a fact-finding hearing is needed to establish what actually occurred before making decisions about domestic abuse and child contact arrangements.

Stage 3: Fact-Finding Hearing

When disputes about domestic abuse and child contact involve contested allegations, the court may hold a fact-finding hearing. This hearing examines evidence including witness statements, police reports, and medical records. You can read all you need to know about a fact‑finding hearing in our dedicated guide, which explains the process step‑by‑step.

Stage 4: Welfare Assessment and Final Hearing

Following fact-finding, the court may request a Section 7 welfare report from Cafcass. The Family Court Adviser assesses the child’s welfare and recommends appropriate arrangements. At the final hearing, the judge applies the Welfare Checklist from Section 1 of the Children Act 1989 to determine what order, if any, serves the child’s best interests in domestic abuse and child contact cases.

Protective Measures in Domestic Abuse and Child Contact Cases

The Family Court offers various protective measures for victims navigating child contact and coercive control proceedings:

Special Measures at Court

Courts can arrange separate waiting rooms, screens in court, and separate entrance and exit times. Victims can also participate via video link where appropriate, and provisions exist to prevent direct cross-examination by alleged perpetrators in domestic abuse and child contact cases.

Non-Molestation Orders

These injunctions, known as a non-molestation order, prohibit an abuser from using or threatening violence, harassing, pestering, or communicating with the protected person. Breaching a non-molestation order is a criminal offence carrying up to five years imprisonment.

Occupation Orders

An occupation order regulates who can live in or enter the family home. In serious domestic abuse and child contact situations, occupation orders can exclude an abusive party from the property entirely.

Domestic Abuse Protection Orders (DAPOs)

Launched in November 2024 in pilot areas including Greater Manchester, London boroughs, Cleveland, and North Wales, DAPOs can impose both prohibitions and positive requirements on perpetrators, such as attending behaviour change programmes.

When domestic abuse and child contact concerns are proven, the court has various options for arrangements that balance children’s relationships with safety requirements:

• Supervised contact: Contact takes place in the presence of an approved third party, either at a contact centre or with a family member
• Supported contact: A less formal arrangement where contact occurs in a supported environment
• Indirect contact: Communication through letters, cards, or video calls without face-to-face meetings
• In the most serious situations, the court can also consider an emergency no-contact order in domestic violence cases to provide immediate protection while longer-term child contact arrangements are assessed
• Section 91(14) orders: These can restrict future applications, preventing ongoing litigation as a form of continued control

Key Statistics: Domestic Abuse and Children in the UK

Understanding the scale of domestic abuse and child contact issues helps contextualise the importance of proper legal protection:

Understanding your rights and options in family court child contact and domestic abuse cases is essential. Here are answers to the questions people most commonly ask:

Can an abusive parent still get contact with children?

The court considers each case individually. While domestic abuse does not automatically prevent contact, the court must now prioritise child safety over presumptions of parental involvement. Where abuse is established in family court child contact and domestic abuse cases, any contact order must protect the child and the non-abusive parent from further harm. The court may order supervised contact, indirect contact only, or in serious cases, no contact at all.

What evidence do I need to prove domestic abuse in family court?

Evidence in domestic abuse and child contact cases can include police reports and crime reference numbers, medical records documenting injuries, photographs of injuries or damage, text messages and emails demonstrating abuse, witness statements from family, friends, or professionals, reports from social services, and records from refuges or support organisations. The court assesses all evidence and applies the civil standard of proof (balance of probabilities).

What is a fact-finding hearing and when is one needed?

A fact-finding hearing occurs when domestic abuse allegations are disputed and their truth matters for deciding child arrangements. The court examines evidence and makes factual determinations about whether alleged incidents occurred. In domestic abuse and child contact cases, fact-finding provides the foundation for risk assessment and helps the court make informed decisions about appropriate contact arrangements.

How does Cafcass assess risk in domestic abuse cases?

Cafcass Family Court Advisers use the Domestic Abuse Practice Pathway to assess children’s cases where domestic abuse is known or alleged. They interview both parents and the child, speak with relevant professionals, and review police and social services records. In domestic abuse and child contact proceedings, Cafcass provides independent advice to the court focused on the child’s welfare and best interests.

Can I get a non-molestation order if we were never married?

Yes, non-molestation orders are available to ‘associated persons’ which includes current or former partners, cohabitants, parents of the same child, and relatives. You do not need to have been married or in a civil partnership. In child contact and coercive control situations, protective orders can run alongside child arrangements proceedings to ensure safety.

What happens if the other parent breaches a court order?

Breaching a non-molestation order is a criminal offence carrying up to five years imprisonment. For breaches of child arrangements orders in domestic abuse and child contact cases, the court can take enforcement action including fines, compensation for losses, or in serious cases, imprisonment. Repeated breaches may lead the court to vary or suspend contact arrangements.

Do children have to give evidence in domestic abuse proceedings?

Children rarely give direct evidence in family proceedings. Instead, their wishes and feelings are usually conveyed through Cafcass reports. The court considers the child’s age and understanding when weighing their views. In domestic abuse and child contact cases, protecting children from additional trauma is paramount, and special arrangements exist to hear children’s views sensitively.

Can coercive control affect child contact decisions?

Absolutely. The law recognises coercive and controlling behaviour as domestic abuse. Courts now understand that coercive control can be as harmful as physical violence, particularly in its impact on children. In child contact and coercive control cases, evidence of controlling behaviour patterns — such as financial control, isolation, or surveillance — can significantly influence contact arrangements.

How long do domestic abuse and child contact proceedings take?

Timescales vary significantly depending on complexity. Simple cases may resolve within several months, but proceedings involving fact-finding hearings, expert assessments, or contested allegations often take 12-18 months or longer. Courts aim to avoid unnecessary delay as this can be detrimental to children’s welfare, but thoroughness in domestic abuse and child contact cases cannot be compromised.

What are Pathfinder courts and how do they help?

Pathfinder courts are a pilot programme expanded by the Government to improve outcomes in private family law cases involving domestic abuse. These courts feature improved information sharing between agencies including police, local authorities, and courts. The aim is to prevent victims having to retell traumatic experiences repeatedly throughout family court child contact and domestic abuse proceedings.

Should I get legal representation for domestic abuse proceedings?

Specialist legal advice is highly recommended in domestic abuse and child contact cases. Family lawyers understand the complex procedural requirements, can present evidence effectively, and ensure your rights are protected. While you can represent yourself, the court process can be overwhelming, particularly when dealing with the emotional impact of abuse alongside legal proceedings.

Navigating domestic abuse and child contact proceedings requires expert legal guidance. The emotional weight of abuse combined with complex legal procedures makes professional support invaluable. Specialist family lawyers bring experience in presenting evidence effectively, understanding court procedures, and advocating for arrangements that protect children’s welfare.

Contact Kabir Family Law for specialist support with child contact and coercive control matters. Our experienced child lawyers work with grandparents, step-parents, parents, and extended family members facing complex family situations. With national expertise across England and Wales, we provide strategic guidance tailored to each family’s unique circumstances.

Our specialist team understands the sensitivities involved in child contact and coercive control cases. We help clients gather appropriate evidence, prepare for hearings, and work toward outcomes that prioritise children’s safety and wellbeing while respecting our clients’ rights as parents or carers.

Whether you need urgent protective orders, representation at fact-finding hearings, or ongoing support through lengthy proceedings, our family lawyers provide clear, compassionate guidance throughout your domestic abuse and child contact journey.