If you hold parental responsibility for the child, then it is your duty to do everything in your power to safeguard that child from the risk of harm. In the circumstances where the child is exposed to domestic abuse, criminal conduct or substance misuse by one of the parents, it is perfectly reasonable and even necessary for contact to be withheld with immediate effect to adequately safeguard the child. All instances of abusive behaviour should be carefully recorded and report to the police and the children social services.
When there is no formal Child Arrangements Order in place, it is advisable that the parent with care of the child communicates to the other parent their refusal to facilitate contact and strongly requests that the abusive conduct ceases instantly. If this fails, then a formal letter from a solicitor may achieve the desired effect and in the event to the contrary an application to the Court for a Child Arrangements Order and a Prohibited Steps Order may be necessary to protect the child from being removed from their place of safety and becoming exposed to a further risk of harm at the hands of the other parent.
The Court’s paramount consideration will always be the welfare of the child and their ascertainable wishes and feelings. In determining how to deal with the abusive parent, the Court would require CAFCASS to undertake safeguarding checks in respect of both parents and provide further recommendations for dealing with the case going forward.
In circumstances where the Court is dealing with contested allegations of domestic abuse, the Court will have a duty to decide whether determination of the factual matrix of these allegations is necessary to assist the Court in making a final Child Arrangements Order. If the Court feels that the allegations may be directly relevant to the issue of future contact then a Finding of Fact hearing will be listed and the evidence from the parties heard before deciding whether or not the allegations are proven.
Once the position regarding the allegations is clear the Court may require further support from CAFCASS in undertaking a more in-depth assessment and to provide their professional recommends regarding final living arrangements for the child. It may come as a complete shock to a lot of readers to discover that even in the eyes of a risk of harm the Court may still find it appropriate to order an indirect form of contact via letters, cards or photos.
The law is designed to promote contact between the child and his biological parents and whilst contact may be stopped pending the outcome of all the investigations, any future arrangements will depend on whether or not they are in the child’s best interests. If a risk of harm continues to exist then the Court has the power to order no contact, or to direct for contact to be strictly supervised and to take place either a contact centre or under supervision from an independent professional social worker.
The outcome of each arrangement is case specific and dictated by the level of risks being presented by one of the parents towards the child. If you wish to discuss your matter with a member of our specialist team please do not hesitate to contact us.
