Will the Courts consider any abuse I have suffered, in Court proceedings relating to my children, if I am taken to Court by my abuser
Yes
The Court must make a decision that is in the best interests of children and therefore, must consider domestic abuse, whether and how relevant it is to any proceedings and whether a parent or child would be at risk of harm if a child or children were to spend time with a parent who had been abusive or aggressive in the past.
How will the Court make a decision about my children if their parent has been abusive?
If a parent has been abusive but has not been convicted of any offence, nor will they admit the abuse, the Court would need to consider whether a ‘Fact Find’ Hearing is needed so that they can have a factual basis on which they make a decision about your children. This may consist of both parties giving evidence to the Court with the Court then making a decision as to whether or not an incident occurred. This can happen even if there have been no criminal charges.
Has the law relating to this recently changed?
Cafcass, a professional body who advise the Court, have recently published a new policy which sets out that the starting point for recommendations about a child spending time with a parent who is being investigated by police in particular a sexual offence, who has a conviction for a sexual offence/and or who has served a prison sentence for violent and sexual offences is for that child to not spend time with the parent. This of course, is a commendation and the ultimate decision will always lie with the court.
Can anything be done to avoid me having to see my abuser in Court?
Yes
Although everyone must attend Court in person, the Court can authorise “special measures”. The Court can accommodate a separate entrance (if one is available), separate waiting rooms and screens in the Court room.
The Court can also prohibit a victim of domestic abuse from being asked questions by their abuser in evidence.
