I have been accused of being an abuser- will I ever get to see my children?

An estimated 40% of Court applications under the Children Act include allegations of abuse by at least one party (Re H-N and others [2021] EWCA Civ 448). 

The definition of domestic abuse used by the Family Courts in Practice Direction 12J includes physical and sexual abuse; violent or threatening behaviour; controlling and coercive behaviour; economic abuse; and psychological, emotional or other abuse. This includes forced marriage, honour-based violence, dowry related abuse and transnational marriage abandonment. 

The Family Court also recognises that any children who see, hear or experience abuse against their parent or relative are themselves victims of abuse. 

If one party raises allegations of abuse in Children Act proceedings, they will have to show that it is more likely than not that the abuse took place. The party accused of being abusive does not have to prove that the allegations are untrue, although they should be prepared to give their response.  

Allegations of abuse will often cause Court proceedings to progress more slowly. The Children Act presumes that it is in a child’s best interests to have a meaningful relationship with both parents, but any contact must, of course, be safe. 

In order to make decisions about what is in the children’s best interests, the Court will need to establish the factual background to the case. 

The Court may initially attempt to establish the facts by ordering disclosure from the police, the local authority, GPs, schools, or any other agency that has relevant information. The Court may also order witness statements and schedules of allegations from both parties. 

If this evidence is not sufficient, and if it is necessary and proportionate to do so, the Court may hold a separate hearing called a Fact-Finding Hearing to establish whether the allegations are proven. 

Once the Court has the necessary factual background, they will balance any safeguarding needs with the child’s need to have a relationship with both parents. If there are safeguarding concerns, indirect contact (videocalls, phone calls and letters), or supervised or supported contact may allow the parent-child relationship to be maintained. 

Ultimately, the Court will be guided by the best interests of the child. 

Cases with allegations of abuse are complex and it is important to seek legal advice. For more information on children matters, please contact Rebecca Curran, Paralegal in the Family Law Team at SE-Solicitors, on 01295 204055, or by email at rcurran@se-solicitors.co.uk