Domestic abuse remains one of the most significant challenges in private children law cases. When allegations of abuse arise, the court’s primary concern is safeguarding the child and the non-abusive parent. Practice Direction 12J (PD12J) of the Family Procedure Rules provides the framework for how courts must approach these cases. Recent updates have reinforced its importance and clarified key obligations.
What is PD12J?
PD12J is a mandatory guideline applied in any family proceedings where domestic abuse is alleged, admitted, or suspected. It supplements Part 12 of the Family Procedure Rules and ensures that decisions about child arrangements prioritise safety and welfare above all else. Domestic abuse is defined broadly under the Domestic Abuse Act 2021 to include:
- Physical, emotional, psychological, sexual, and financial abuse
- Coercive and controlling behaviour
- Culturally specific forms of abuse, such as forced marriage or honour-based violence.
Why Does PD12J Matter?
Children exposed to domestic abuse—whether directly or indirectly—are considered victims. The harm can be physical, emotional, or psychological, and may impair a parent’s ability to care for them. PD12J makes clear that:
- There is no presumption of contact where abuse poses a risk of harm.
- Interim contact should not be ordered if safety cannot be assured.
- Courts must explain how findings of abuse influence their decisions, especially if contact with the perpetrator is allowed.
Key updates and safeguards
Recent revisions to PD12J emphasise:
- Fact-finding hearings: Where allegations are disputed, courts must consider whether a fact-finding hearing is necessary before making any child arrangements order.
- Risk assessments: Courts must assess risks thoroughly and consider protective measures such as supervised or indirect contact.
- Section 7 reports: A welfare report should be ordered in cases where domestic abuse raises concerns about harm to the child, unless clearly unnecessary.
- Protective measures: Orders must ensure that neither the child nor the non-abusive parent is exposed to further harm.
Practical implications for parents
If you are involved in proceedings where domestic abuse is an issue:
- Raise concerns early, ideally through a C1A form, to trigger PD12J safeguards.
- Understand that the court’s focus is on safety, not parental rights.
- Be prepared for recommendations such as supervised contact or no contact if risks cannot be managed.
Final thoughts
PD12J is not optional—it is the law. Its purpose is clear: child safety comes before contact. For parents and practitioners alike, understanding PD12J is essential to ensuring that arrangements protect children and support recovery from abuse.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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