Domestic Violence & Contact
This could be because of child protection issues or because there was a history of Domestic Violence in the parents' relationship. There have recently been changes in the law relating to Domestic Violence, but sadly this remains a serious problem in the UK. Although Domestic Violence can affect both women and men, statistically women are more likely to be victims, with on average two women a week being killed by their partners.
If one parent raises allegations of Domestic Violence against the absent parent then generally the Court will investigate these allegations before making a decision regarding contact, to ensure that the child will be safe. The Court's main concern is always the child and in particular the child's safety and so the Judge will be wary about ordering contact until the allegations can be either proven or disproven.
If you have suffered Domestic Violence from a partner it is important that you raise this with your solicitor as soon as possible to make sure that the Court takes this into account and ensure that your child will be safe. Depending on what the allegations are, there may be no contact at all initially.
Contact could also take place in a Contact Centre where it will be overseen by Contact Centre workers. Contact in a Contact Centre may be supported, which means that there will be lots of families present and several helpers making sure that everything goes smoothly. This may not be suitable for cases where serious allegations are made. Contact in a Contact Centre can also be supervised with a helper individually monitoring the parent's contact with their child. The level of supervision depends on what has happened in the case, the views of the Judge and also what the parent with Residence of the child is prepared to agree to.
The allegations of Domestic Violence will generally be investigated at a Fact Finding hearing. At this hearing the Judge will look into each allegation of violence individually and decide if he believes it took place or not. He will do this by asking both parents questions. There may also be other witnesses and perhaps other evidence, such as photographs of injuries or Police evidence.
Once this hearing is finished and the Judge has decided whether he believes the allegations of Domestic Violence, there will be a further hearing to decide what contact the parent who does not live with the child should have, based on what has happened at the Fact Finding hearing. The Court's welfare officers are also likely to investigate the family situation. More detail regarding this process can be found in the section regarding Contact.
