Area of Law:
Private law children; Child Arrangements Order; disputed domestic abuse allegations; safeguarding; and case management under Practice Direction 12J.
Background:
Following separation, the child lived with the mother and spent alternate weekends and one night during the week with the father. The father sought equal shared care, arguing that a clearer structure would reduce conflict and provide the child with stability and meaningful time with both parents.
Both parents raised allegations of domestic abuse and concerns about the child’s exposure to adult conflict. Safeguarding enquiries recorded previous police and local authority involvement but no current statutory intervention, and Cafcass advised that the disputed allegations might require further investigation before final welfare decisions.
Relevant Law
The child’s welfare was the court’s paramount consideration under section 1 of the Children Act 1989. Where allegations of domestic abuse may be relevant to welfare, Practice Direction 12J requires the court to consider their significance, the need for findings of fact and whether interim arrangements can operate safely.
Issues:
The principal issues were whether the interim arrangements should change, whether the parties’ allegations required a separate fact-finding hearing, and what directions were necessary to progress the case safely and proportionately.
Challenges:
The allegations were disputed and had not been tested. The case therefore required separation of allegation from established fact, while preserving the child’s relationship with both parents and reducing the opportunity for conflict at handovers.
Decision:
The existing interim pattern of alternate weekends and one night during the week was maintained. The order also introduced practical safeguards around handovers, including school collection where practicable and, where necessary, handover through an agreed third party or in the community.
Each party was directed to file a concise Scott Schedule and supporting statement identifying the allegations and evidence relied upon. This allows the court to decide whether a fact-finding hearing is necessary before determining the longer-term arrangements, including the father’s application for equal shared care.
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