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Contact, where domestic abuse has occurred

  • T W Dixon
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06 Jan 23 #520388 by T W Dixon
Topic started by T W Dixon
The children's parents are separated.
The children live with their mother.
The children do not have direct contact with their father.
There are ongoing proceedings in the Family Court about arrangements for the children (to have contact with the Father).

The court held a fact-finding hearing.
The court found that the Father abused the Mother - both while they lived together and after they separated.
After the court found the facts, the court ordered Cafcass to prepare a section 7 report.
The court did not order that the report should address the matters set out in paragraphs 36 and 37 of Practice Direction 12J.
Cafcass prepared a section 7 report.
Cafcass’s section 7 report does not address the matters set out in paragraphs 36 and 37 of Practice Direction 12J.

As far as I am aware, the law (including paragraphs 36, 37 and 40 of Practice Direction 12J) is that the court must not make a contact order without first considering any harm suffered by the children and the Mother as a consequence of domestic abuse that it knows to have occurred and any harm which the children and the mother are at risk of suffering if a contact order is made but
* the court is not obliged to consult the Mother about those harms,
* the court is not obliged to consult Cafcass about those harms,
* unless and until the court makes a contact order, the court is not obliged to write down what it thinks about those harms nor even to state that it has considered them and
* the court is not obliged to consider those harms immediately - so the court can, for example, make a referral to the ICFA service (if the Mother and Father agree) without first considering those harms.

Is this understanding of the law correct?

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