The courts take allegations of domestic violence very seriously. If there has been domestic violence and a parent feels that it would be unsafe for them and the child to have contact, then they should go and see a solicitor. The solicitor will write a letter to the other party setting out the details of the violence and why contact is being refused.
Where domestic violence is the reason for refusing or limiting contact, the court should consider the allegation at the earliest opportunity. If the parent disputes the allegations but the allegation is serious and if proven likely to affect contact, the court should:
- make directions to ensure that all relevant evidence is obtained so that there can be a speedy hearing to decide what happened;
- consider whether contact should take place before the hearing takes place;
- consider the safety of the child and the parent;
- obtain a report from the Children and Family Reporter unless this is thought not necessary.
If there is already a court order for contact, the parent or solicitor will need to make an application to the court for the contact to be varied. The parent or solicitor may also decide to make an application on your behalf for a non-molestation order.
The leading case is Re L, Re V, Re H (contact: domestic violence) [2000] EWCA Civ 194. Click here to read the case in full.
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