Domestic Abuse Allegations in Family Court Cases

Domestic Abuse Allegations in Family Court Cases

In cases where it has been alleged or admitted, or there is other reason to believe, that the child or a party has experienced domestic abuse perpetrated by another party or that there is a risk of such abuse then the court must:
  1. identify the factual and welfare issues involved at the earliest opportunity;
  2. consider the nature of the domestic abuse and the extent to which it may be relevant in the current court case;
  3. give directions so that the contested relevant factual and welfare issues can be tried fairly, and as soon as possible (also known as a 'fact finding' hearing or a 'finding of fact' hearing);
  4. ensure that child arrangements are in place to protect the welfare of the child and the parent with whom the child is living;

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