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If you have concerns about the safety of your child having contact with a violent partner, you may be justified in withholding contact between the child and your ex-partner until the appropriate safeguards are put into place in order to protect the child.
However, it is important to note that your ex-partner can make an application to court at any stage for a Child Arrangements Order, and it will then become a matter for the court to decide what the arrangements should be.
There is a legal presumption that a child having involvement with both of their parents will be in the child’s best interests, unless there is evidence to the contrary. If you withhold contact from the other parent, they can make an application to the court and ask that the court look into the issue and assess all the evidence available.
The court would then decide if it were suitable to allow contact and, if so, whether any precautions need to be put into place. The court will consider a number of measures, such as contact taking place in a contact centre or perhaps the perpetrator attending a domestic violence programme, which can reduce the risk of potential harm to the child and enable them to have involvement in the child’s life.
It is not always appropriate for a violent partner to have contact with their child, however it is not an automatic barrier that will result in the perpetrators application being rejected. If there is no imminent or obvious risk to the child concerned, the court will be led by the presumption that the child’s wellbeing will be enhanced by having a relationship with both parents.
If you are concerned for your personal safety, measures can be put into place to avoid you having to meet the other parent during handovers, and communication can be done in written form rather than verbally. You could also consider applying for injunctions if you feel that you need further protection for yourself, however these injunctions are likely to be separate from any court orders which are made in relation to the child.
Contact us
If you have any further questions regarding divorce proceedings, please do not hesitate to contact our expert Family Lawyers. We have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton and Birmingham. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.
Alternatively contact Mark Vandaele, Head of Family Law, on 01902 796930 (mvandaele@georgegreen.co.uk)