How Can I Protect My Children From Domestic Abuse?

If you are worried that your children are being exposed to domestic abuse, knowing what to do next can feel overwhelming. You may be concerned about their immediate safety, worried about what will happen when they spend time with the other parent, or unsure whether the Family Court can step in.

Domestic abuse does not have to be directed at a child for it to affect them. Children can be significantly affected by seeing, hearing or experiencing the consequences of abusive behaviour between adults in their home.

There are a number of steps that can be taken to protect both you and your children.

What is domestic abuse?

Domestic abuse is not limited to physical violence. It can include:

• Physical or sexual abuse;
• Threatening or intimidating behaviour;
• Controlling or coercive behaviour;
• Emotional or psychological abuse;
• Financial or economic abuse; and
• Harassment or repeated unwanted contact.

It is also important to remember that domestic abuse can continue after a relationship has ended. In some cases, separation can escalate controlling, threatening, or harassing behaviour.

Can I get a Non-Molestation Order?

If you or your children are at risk of domestic abuse, you may be able to apply to the Family Court for a Non-Molestation Order.

A Non-Molestation Order is designed to protect you and/or a child from abusive, threatening, intimidating or harassing behaviour.

Depending on the circumstances, an order can prohibit someone from:

• Using or threatening violence;
• Harassing, intimidating or pestering you;
• Contacting you directly or indirectly;
• Attending your home or another specified location; or
• Encouraging somebody else to carry out prohibited behaviour on their behalf.

The exact terms of the order will depend upon your individual circumstances and the protection that is required.

In urgent cases, it may be possible to ask the Court to make a Non-Molestation Order without notice, meaning the other person is not told about the application before the Court initially considers it.

Breaching a Non-Molestation Order is a criminal offence, so these orders can provide an important layer of protection where there are concerns about domestic abuse.

What if I am worried about my children spending time with the other parent?

Domestic abuse can also be relevant when decisions are being made about arrangements for children.

The Court's paramount consideration when determining arrangements for a child is the child's welfare. If there are allegations of domestic abuse, the Court will need to consider whether those allegations affect the safety and welfare of the child and the arrangements that should be put in place.

Depending on the circumstances, the Court can make a Child Arrangements Order setting out who a child lives with and when they spend time with each parent.

Where there are safeguarding concerns, arrangements might need to include additional protections. For example, the Court may consider supervised or supported contact, indirect contact or particular arrangements for handovers.

In more serious circumstances, the Court can determine that direct contact should not take place if this is necessary to protect the child's welfare.

Can I stop the other parent from doing something?

In some circumstances, you may also need to consider applying for a Prohibited Steps Order.

A Prohibited Steps Order prevents a parent from taking a particular step in relation to a child without the Court's permission.

For example, depending upon the circumstances, an application might be made to prevent a parent from:

• Removing a child from the country;
• Removing a child from a particular person's care;
• Changing a child's school;
• Changing a child's name; or
• Taking another significant step concerning the child.

If there is an immediate safeguarding concern, it may be possible to make an urgent application to the Court.

What will the Family Court consider?

When domestic abuse is raised within children proceedings, the Court must consider the impact that the alleged behaviour has had, or could have, on the child.

This includes considering whether a child has witnessed or been exposed to domestic abuse, as well as whether the abuse has affected a parent's ability to care for the child or safely promote a relationship with the other parent.

In some cases, the Court may need to determine disputed allegations at a Fact-Finding Hearing before deciding what arrangements are safe and appropriate for the child.

CAFCASS may also become involved to consider safeguarding concerns and provide recommendations to the Court.

What if my children are in immediate danger?

If you believe that you or your children are in immediate danger, you should contact the police by calling 999.

Where the situation is urgent but does not require immediate police intervention, you should seek legal advice as soon as possible. Depending on the circumstances, an urgent application can be made to the Family Court, including applications for protective injunctions and orders relating to children.

You do not necessarily have to wait for something else to happen before seeking advice.

Speak to a Family Law Solicitor

If you are experiencing domestic abuse or are worried about the impact that somebody's behaviour is having on your children, we can help you understand the options available to protect your family.

At Harrington Family Law, we can advise you about Non-Molestation Orders, Child Arrangements Orders, Prohibited Steps Orders and urgent applications to the Family Court.

Every family's circumstances are different, and the appropriate application will depend upon the risks involved and the protection that you and your children need.

If you are worried about your children's safety, contact our family law team to discuss your circumstances and the steps that may be available to you.