Legal Update: Family courts and contact where there has been domestic violence

In recent weeks, the government and the judiciary have responded to calls by domestic violence charities to reform child arrangements orders in the family court where there has been domestic violence between the parents. This call began with the Women's Aid report, Nineteen Child Homicides and the Child First campaign to address the inadequacies in the family court when dealing with vulnerable witnesses.

When considering a child arrangements order for contact between a parent and a child, the court must consider the best interests of the child. While this presumption is embedded in law, the starting point for considering a child arrangements order was amended by the Children and Families Act 2014. This act inserted into the welfare checklist the principle that the involvement of both parents will benefit a child unless the contrary is shown.