What can go wrong in child arrangement proceedings where there are allegations of domestic abuse?

Abstract

ABSTRACT Research suggests that there are significant problems with the way that the family courts deal with child arrangement proceedings involving domestic abuse. As allegations of domestic abuse are present in the majority of cases reaching the courts for a decision about who a child should spend time with, it is essential that the process and outcomes are safe for non-abusive parents and children. However, the recent conjoined appeal Re-H-N and others highlights flaws with the fact finding process and the presumption of parental involvement, resulting in minimisation of domestic abuse. These flaws were also identified by the 'Harm Panel' report (2020), which made recommendations for fundamental reforms. The Court of Appeal does not specify the nature of the reforms needed, but does confirm the need for a fresh approach. This case note will consider what went wrong in the four cases considered by the appellate court and how the cases bolster the urgent need for reform.