If you’re reading this, you’re likely grappling with the painful reality of co-parenting with someone who has abused you. Understandably, you’re concerned about your child’s safety and well-being. Let’s break down what the law says, what options you have, and how to navigate this challenging situation.
Understanding Child Arrangement Orders (CAOs)
A Child Arrangements Order (CAO) is a legal directive from the family court detailing where a child will live and how they will maintain contact with each parent. In cases involving domestic abuse, the court’s primary focus is the child’s safety and welfare.
Can an Abusive Parent Still Have Contact?
Yes, but only if the court determines it’s safe. The court may:
- Grant supervised contact: This means the abusive parent can see the child, but a third party must be present to ensure safety.
- Implement indirect contact: Communication might occur through letters or supervised phone calls.
- Deny contact entirely: In extreme cases, the court may decide that no contact is in the child’s best interest.
Each decision is made after thorough consideration of all evidence and circumstances.
The Role of Domestic Abuse in Court Decisions
Domestic abuse isn’t limited to physical violence. It encompasses emotional, psychological, and coercive control. The Domestic Abuse Act 2021 expanded the definition to include non-violent behaviours, recognising the profound impact such abuse can have on victims and children.
What the Court Considers
- Nature of the abuse: Whether it was physical, emotional, or psychological.
- Impact on the child: Including any direct or indirect effects.
- Risk of future harm: Assessing if the abusive behaviour might continue or escalate.
The court may order a safeguarding report from Cafcass (Children and Family Court Advisory and Support Service) to evaluate the situation comprehensively.
The Real Risks When Abuse Is Overlooked
Domestic abuse is a factor in a significant number of family court cases. In England and Wales, nearly 90% of cases involve evidence of abuse, yet courts sometimes still grant unsupervised contact, raising serious concerns about child safety. Tragically, the consequences of overlooking these risks can be severe. For example, in 2014, Claire Throssell’s two sons were murdered by their abusive father despite prior warnings and evidence. Cases like this highlight the urgent need for courts to weigh the safety of children when deciding contact arrangements carefully.
Legal Options to Protect Your Child
If you’re concerned about your child’s safety, consider the following legal avenues:
- Prohibited Steps Order: Prevents an abusive parent from making specific decisions about the child, such as changing their school or taking them abroad.
- Specific Issue Order: Resolves particular disputes, like medical treatment or religious upbringing.
- No Contact Order: In extreme cases, this order completely prohibits contact between the abusive parent and the child.
It’s essential to consult with a solicitor specialising in domestic abuse to understand the best course of action for your situation.
Seeking Legal Aid
If you’re a victim of domestic abuse, you may be eligible for legal aid. This support can assist with legal costs, making it more accessible to protect yourself and your child.
Steps to Take
- Document Everything: Keep detailed records of any incidents of abuse or threats.
- Seek Support: Contact domestic abuse solicitors and support organisations.
- Consult a Specialist Solicitor: Engage with professionals experienced in domestic abuse cases to guide you through the legal process.
- Apply for the Appropriate Orders: Based on your circumstances, your solicitor can help you apply for the necessary legal protections.
Final Thoughts
Navigating the complexities of co-parenting with an abusive ex is undoubtedly challenging. However, the law provides mechanisms to protect your child and ensure their safety. By understanding your rights and seeking the appropriate legal support, you can take steps toward securing a safer environment for your child.
If you need assistance or have further questions, don’t hesitate to reach out to a domestic abuse solicitor. You’re not alone, and support is available.