Practice Direction (Residence and Contact Orders: Domestic Violence and Harm) [2008] All ER (D) 132 (May)
This Practice Direction applies to any family proceedings in the High Court, county court or magistrates’ court in which an application is made for a residence order or a contact order in respect of a child under the Children Act 1989 or the Adoption and Children Act 2002, or in which any question arises about residence or about contact between a child and a parent or other family member, and it is alleged, or there is otherwise reason to suppose, that the subject child or a party has experienced domestic violence perpetrated by another party or that there is a risk of such violence.
The court must, at all stages of the proceedings, consider whether domestic violence is raised as an issue, either by the parties or otherwise, and if so must identify at the earliest opportunity the factual and welfare issues involved; consider the nature of any allegation or admission of domestic violence and the extent to which any domestic violence which is admitted, or which may be proved, would be
