The Court of Appeal has set out general guidance on child contact cases where one parent alleges domestic abuse against the other, in four linked appeals Re H-N & Ors [2021] EWCA Civ 448
The President of the Family Division, Sir Andrew McFarlane, Lady Justice King and Lord Justice Holroyde said Practice Direction 12J remained ‘fit for the purpose for which it was designed namely to provide the courts with a structure’ for recognising and approaching domestic abuse.
They advised that judges focus on a pattern of behaviour as opposed to specific incidents, and ask both parents to describe the overall experience of their relationship.
Addressing the issue of the extent to which it is appropriate for a family court to have regard to concepts which are applicable in criminal courts, they said it was time for courts to move away from Scott Schedules―the process for setting out allegations. They said family courts should not spend time analysing whether allegations would be proven in a criminal court.
