How the family court process works when domestic abuse is raised

When: Usually before any C100 application

A Mediation Information and Assessment Meeting is normally required before you can apply to court about a child. Domestic abuse is a listed exemption — you do not have to sit in a room, or a video call, with the person who has harmed you.

• Evidence of abuse (police report, GP letter, refuge letter, MARAC, protective order) triggers the exemption.
• The mediator or your solicitor completes the exemption section of the C100.
• Do not attend joint mediation if you feel unsafe — say so plainly; a mediator must screen for abuse.

When: Start of proceedings

The C100 asks the court to make a Child Arrangements Order (live-with / spend-time-with), Prohibited Steps Order, or Specific Issue Order. When abuse or risk of harm is raised, you also file Form C1A setting out the allegations.

• Be specific: dates (or ranges), what was said or done, who was present, injuries, police log numbers.
• You can request special measures on the C100 — separate waiting rooms, screens, video link, no direct cross-examination.
• Emergency without-notice applications are possible where there is a real and immediate risk (e.g. abduction, imminent violence).

When: Roughly 4–6 weeks after issue

Before the First Hearing Dispute Resolution Appointment, CAFCASS (Cafcass Cymru in Wales) does safeguarding checks with police and children's services and speaks to both parents by phone. The FHDRA is a short hearing to identify issues, not to decide them.

• CAFCASS produces a safeguarding letter — this is the court's first snapshot of risk.
• The court decides whether a fact-finding hearing is needed (see stage 4).
• Interim contact arrangements may be set — supervised, indirect, or paused — pending findings.
• Ask for and confirm special measures at this hearing; get them written into the order.

When: If allegations are disputed and material to welfare

Practice Direction 12J requires the court to decide disputed abuse allegations that are relevant to the child arrangements decision. Re H-N (2021) shifted focus from isolated incidents to patterns of behaviour, especially coercive control.

• The standard is the balance of probabilities — more likely than not.
• Scott Schedules (numbered lists of allegations) are no longer mandatory; the court can look at the pattern as a whole.
• You give evidence — usually behind a screen or by video link where special measures are granted.
• The alleged abuser cannot cross-examine you in person (s.65 Domestic Abuse Act 2021) — a court-appointed advocate does it.
• The judge produces a written fact-finding judgment listing which allegations are proved.

When: After findings, before final order

With the factual picture settled, the court turns to what arrangements are safe and in the child's best interests. A CAFCASS or local-authority Section 7 report gathers the child's wishes and feelings and recommends arrangements.

• The welfare checklist (s.1(3) Children Act 1989) is the framework — wishes of the child, needs, effect of change, harm, capability of parents.
• Where abuse is found, PD12J requires contact to be safe and beneficial — not simply 'some contact is better than none'.
• Options range from no contact, indirect (letters/cards), supervised contact centre, supported handover, to unsupervised — the court picks the least risky arrangement that meets the child's needs.

When: Typically 6–12 months in, longer if fact-finding is needed

The judge makes final orders after hearing evidence and submissions. Orders are legally binding; breach can be enforced.

• Child Arrangements Order — who the child lives with and spends time with.
• Prohibited Steps / Specific Issue Orders — e.g. no removal from the UK, no change of school or surname.
• Section 91(14) bar — prevents further applications without the court's permission (strengthened by the Domestic Abuse Act 2021 where there is a risk of harm from repeated proceedings).
• Non-molestation and occupation orders sit in a parallel Family Law Act 1996 track and can run alongside.

When: Any time after the final order

Orders are not the end. They can be enforced if breached, varied if circumstances change, or appealed if there was a legal error.

• Enforcement (C79) — for breach of a Child Arrangements Order; penalties include unpaid work, fines, compensation, or committal.
• Variation (C100) — if arrangements no longer work or risk changes; you may need permission if a s.91(14) bar is in place.
• Appeal — strict time limits (usually 21 days). Grounds are legal error or a decision no reasonable judge could reach — not simply disagreement.