Raising domestic abuse in Children Act Proceedings

Domestic abuse can look different for each person impacted.  It can be emotional, verbal, psychological and/or physical.  It can take the form of coercive control – a pattern of behaviour designed to punish or control the victim.  Most often it is a combination of the above.  If you are thinking of making an Application to the Court for an order concerning your child or children, or if you have been served with such an application, it is useful to know how allegations of domestic abuse will be dealt with. 

The starting point is that allegations of domestic abuse should be well documented from the outset in your application to the court, or if you are the respondent, you can outline the allegations in your response form.

It is a good idea to make a diary of what has happened, when, who was present and what you did about it.  For example, did you engage in messages with your ex-partner about what had happened, did you tell your GP, did you report it to the Police or a domestic abuse organisation?  If you have communications from the time of the event or photographs these can be useful.

Making notes and gathering evidence early on in your case will prove helpful.

The court will consider whether the allegations of domestic abuse are likely to have an impact on the outcome of the case.  If so, you will be required to set out a set number of allegations in a ‘Scott Schedule’ which is a table outlining what happened, when and what evidence you have.  Your ex-partner will have an opportunity to respond to that schedule.  It is common, where the evidence in support of the allegation is strong, admissions are made and sometimes this will occur early in the case to avoid the necessity to deliberate that particular allegation before the court.  Where allegations are denied it is for you to prove that the event occurred on the “balance of probabilities.” 

Special measures can be arranged for your hearing, so that you do not have to share a waiting room with your ex-partner or see them when giving your evidence. 

A solicitor can advise and assist you in preparing your case including seeking out evidence that may assist you such as Police reports.  Obtaining legal assistance when responding to allegations of domestic abuse that have been made against you is also worthwhile, as this can be tricky to navigate as a Litigant in Person.

Please get in touch if you require assistance in this area.

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19.03.2021