When determining arrangements for a child in cases involving domestic abuse, the Court must consider the impact of that abuse on the child and undertake a risk assessment before deciding what arrangements best serve the child’s welfare.
A High Court Judge considered a mother’s application for permission to appeal in TM v TF [2024] EWHC 2786 (Fam). Despite findings of domestic abuse, the trial Judge had ordered overnight contact between a 9-year-old child and his father.
The father had initially applied for a child arrangements order in 2020. The mother made serious allegations of domestic violence and other assaults against him. Sixteen months later, the Court held a fact-finding hearing and made 24 serious findings against the father, including threats, stalking, physical violence towards the mother and inappropriate behaving involving the parties’ son and another child.
The father was ordered to attend a Domestic Abuse Perpetrator’s Programme (“DAPP”) which he completed. Despite the findings, the Court ordered supervised contact, which progressed over time to unsupervised contact. Despite the mother’s objections to each of the progressions ordered by the Court, reports indicated that contact was proving successful for the child.
At the final hearing in May 2024, the Judge ordered that the child was to spend alternate weekends with the father, initially during the daytime, extending to overnight stays during the school summer holidays. The Judge noted that while the father did not accept the findings made against him, he demonstrated an understanding of domestic abuse. The Judge was thorough in her application of the law and consideration of the procedure rules and gave a detailed judgment. A review hearing was scheduled for 2-3 months later to assess how contact was progressing and whether it remained in the child’s best interests.
The mother applied for permission to appeal and a stay of the order. The High Court Judge granted a temporary stay on overnight contact until the application was determined, but allowed daytime visits to continue.
In considering the appeal, the Judge acknowledged the mother’s concern that the father had not accepted the most serious findings. However, he noted the ongoing relationship between the child and father appeared beneficial, with reports confirming the father posed no risk to children and that contact was positive.
The Judge concluded that the trial Judge’s decision to schedule a review hearing and obtain a further report on the child’s wishes and feelings was appropriate. It was within the trial Judge’s discretion to proceed cautiously while allowing contact to progress.
The appeal Judge therefore refused the mother’s application for permission to appeal and lifted the stay so that overnight contact would commence in September 2024.
The appeal Judge stated “findings of domestic violence must be considered in every case and factored into the Court’s decision. But those decisions must ultimately be governed by even broader welfare principles which must always balance the impact of domestic violence, but will not always prohibit, in the right case, an appropriate relationship between child and parent”.
This case demonstrates that even where findings are made that there has been domestic abuse within the relationship, the Court must consider the impact of that abuse upon the child’s welfare and determine the level of risk to the child associated with his ongoing relationship with the abusive parent. It would be sensible for survivors of domestic abuse and those facing allegations of abuse to access legal advice when considering the arrangements for their children.
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Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
