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Insight > Divorce and family FAQs > What impact does domestic abuse have on children proceedings?
What impact does domestic abuse have on children proceedings?
Please see our answers about children and divorce/separation here, which contextualise the answer in this section, including the fact that in almost all circumstances in which the court is asked to resolve a question in relation to a child's upbringing because the parents cannot agree, the child's welfare is the court's paramount consideration.
There has been an increasing awareness in recent years in the family justice system of the harm that can be caused to children if they are exposed to abuse between adults. Since 2021, the law has defined children who see, hear or otherwise experience the effects of abuse between adults as victims of domestic abuse in their own right.
If serious allegations of domestic abuse are raised which (if proved to be true) will have a clear impact on what is in the best interests of a child, then the court may (as a preliminary matter before making any welfare decisions about the child) order what is known as a "fact-finding hearing" to consider the relevant evidence and decide whether the allegations are true.
In all cases in which domestic abuse is alleged, the court's obligation is to consider what arrangements are best for the child or children. Specific advice will be needed on the facts of the case in order to understand the likely approach of the court.
If court proceedings are required, the court can make any procedural adjustments known as "participation directions" aimed at ensuring that each person involved in the proceedings can participate without being put in fear or distress and without the quality of their evidence being diminished.
There is also provision for "Independent Domestic Abuse Advisors" and "Independent Sexual Violence Advisors" to attend hearings where a participant wishes to have them there for information and support.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
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