Allegations of domestic abuse against you and the impact on contact with your children.
It is important for the court to get the right perspective of these domestic abuse allegations in the interests of justice and fair process.
Have these allegations been reported to the police? If they have, what action has been taken? If they haven’t, why not?
It is established law that, when there is an exercise determining discretion whether to convene a fact-finding analysis regarding abuse allegations, consideration must be made to the following factors which are not exhaustive.
- The best interests of your child and the impact on them of an investigation upon their welfare.
- The matter will have to be investigated. How long will that take?
- Independent witness attendance? One word against the other?
- Police involvement? Public interest?
- The relevance of the outcome to the welfare of your child.
- The prospects of a fair trial and the overriding objective of the case.
- Allegations must be examined against the nature, importance, and complexities of the issues within the court application.
We must examine the evidence supplied and cross-check it against any child welfare issues that arise.
It depends on the context of those allegations. Motive and credibility need to be carefully determined in a fact-finding hearing balanced against what you say has happened, if anything.
The strength of the allegations is not the barometer used by law. It is how these have been recorded, and to whom, that matters.
Fundamentally, it is important that you tell us what the truth is here. We can’t help you without that.
A free initial discussion for half an hour with one of our family department experts may well help you with the direction of travel, so do contact us.
During this 30-minute session, our specialists will delve into your specific circumstances, offering tailored advice and strategies to protect your rights and the best interests of your children. We’ll discuss the potential impact of the domestic abuse allegations on child contact arrangements and explore the legal options available to you.
Don’t hesitate to reach out and take the first step towards resolving your family law concerns.