This post is for parents where domestic abuse is part of the picture, whether you are raising it or it has been raised about you. It explains the rules the court applies and the support available. It is about process; it does not tell you what to do in your case. If you are in immediate danger, call 999. The National Domestic Abuse Helpline is 0808 2000 247, free and 24 hours.
The rule the court follows: Practice Direction 12J
Practice Direction 12J is the part of the Family Procedure Rules that tells the court how to handle children cases where domestic abuse is alleged or admitted. Its starting point is that the court must consider, at every stage, whether domestic abuse is raised and what it means for the child and for the arrangements. Domestic abuse is defined widely, in line with the Domestic Abuse Act 2021: physical, sexual, emotional and economic abuse, coercive and controlling behaviour, and abuse that a child sees or hears.
Raising it
On the application, the C1A form is where allegations of harm are set out. Under both processes the court will consider the allegations early. Under the Child Focused Model, families can be referred at the start to specialist domestic abuse services for a risk assessment and ongoing support, and Independent Domestic Violence Advisers (IDVAs, trained specialists who support people at risk) are part of the process in the pilot courts.
Fact-finding hearings
Where allegations are disputed and would affect what the court decides about the child, the court can hold a separate fact-finding hearing to decide whether they are true, on the balance of probabilities. The court decides whether a fact-finding is necessary; it does not hold one in every case. If it does, it usually directs a schedule of the allegations (sometimes called a Scott schedule), witness statements from each side, and any supporting evidence. The findings the court makes then shape the rest of the case.
Protection at hearings: special measures
If you are a victim or alleged victim of domestic abuse, you can ask for special measures at court: a separate waiting room, separate entrance and exit times, a screen in the courtroom, or attending by video. Since the Domestic Abuse Act 2021, a person accused of abuse cannot personally cross-examine the person alleging it in family proceedings; the court can appoint a qualified legal representative to ask questions instead. Ask the court about special measures as early as you can, and put the request in writing.
Protective orders
Separately from the children case, the family court can make a non-molestation order (an order stopping a person from using or threatening violence, harassing or intimidating you) and an occupation order (an order about who can live in the home). These are applied for on form FL401, can be applied for urgently and without notice in appropriate cases, and there is no court fee for them. Breaching a non-molestation order is a criminal offence.
If allegations have been made about you
The same process applies. You will have the chance to respond to each allegation in writing and at any fact-finding hearing, with your own evidence. The court expects a factual response to each point rather than a general denial. Nothing in this post tells you how to respond to allegations; that is a matter for the evidence in your case and, if you want it, regulated legal advice.
Contact after findings
If the court finds that abuse occurred, Practice Direction 12J requires it to consider carefully whether contact is safe and in the child's interests, and if so on what terms, which can include supervised or indirect contact and requirements such as a perpetrator programme. The court's decision is always about the child's welfare.
How familycourt.app and McKenzie can help
McKenzie explains each of the rules and stages above in plain English and shows where a fact-finding hearing or a protective order application sits on your case map. Document Studio has templates for a chronology, a schedule of allegations and a witness statement, so you can organise your own account and evidence clearly. The app also includes a quick exit button and guidance on keeping your device and account private.