The Court of Appeal reinforces the importance of a child-focused approach in cases involving domestic abuse.
The Court of Appeal’s decision in Re C (Child Arrangements Orders: Domestic Abuse: Child Focused Court), delivered and published on 29 September 2026 by the President of the Family Division, provides important guidance on how the Family Court should approach child arrangements disputes where domestic abuse is alleged or established.
Background to the case
The case concerned four children aged between 6 and 14 whose parents had separated following a history of serious domestic abuse which was admitted by the father. This abuse had an impact on the safety and welfare of the mother and the children and had caused them harm.
The Family Court made an order on 22 April 2026 which provided for the children to live with their mother and spend supervised time with their father (but not overnight). The arrangements also restricted the father’s telephone contact and certain activities because of concerns about risk to the children.
The mother appealed the decision, raising concerns about the court’s approach to domestic abuse (she said that the judge had minimised the abuse and not followed the correct process to deal with the application) and the subsequent arrangements made for the children.
The Court of Appeal’s decision
The appeal provided the Court of Appeal with its first opportunity to consider the operation of the Child Focused Court (CFC) model, introduced in March of this year and which aims to place children’s experiences, welfare and safety at the centre of private law children proceedings.
The court emphasised that domestic abuse must be properly considered when determining child arrangements. Decisions should not be driven by an automatic assumption that contact with both parents is always in a child’s best interests. Nor should it be assumed that no contact should place between a child and the abusive parent. Instead, the court must assess the individual circumstances, the risks involved and the impact of abuse on both the children and the non-abusive parent.
The Court of Appeal dismissed the mother’s appeal against the substantive child arrangements decision. However, it allowed her appeal against an order restricting future applications, recognising the need to consider the circumstances carefully before imposing such restrictions.
What does this mean for parents and family law practitioners?
The judgment reinforces that a child’s safety and welfare must remain central to every child arrangements decision. Where domestic abuse is a factor, the court must consider the evidence, assess the risks and determine what arrangements are appropriate for the particular child, rather than applying a blanket approach to child arrangements. They must still consider all of the child’s circumstances and the factors set out in the welfare checklist within the Children Act 1989 i.e:
- The child’s wishes and feelings (considered in light of their age and understanding).
- Physical, emotional, and educational needs (short- and long term).
- The likely effect of any change in the child’s circumstances.
- Age, sex, background, and relevant characteristics of the child.
- Any harm the child has suffered or is at risk of suffering (including from being prevented from spending time with one parent).
- Each parent’s capability to meet the child’s needs.
- The range of powers available to the court
Importantly, domestic abuse being admitted or established is not determinative as to the outcome of a case and doesn’t automatically determine the child arrangements (it remains one factor for the court to consider).
The Court commented that this is a very difficult process of assessment and requires nuance and the child/children being placed at the centre of the decision making process.
The Court highlighted that each child (even in the same family) can experience abuse and cope with it very differently. Each child’s welfare should therefore be assessed independently. It is not always the case that a child that has experienced abuse will not want a relationship with the abusive parent and the harm that would be caused by that child not having a relationship with that parent needs to be considered.
The case highlights the importance for separating parents of obtaining specialist legal advice to ensure that domestic abuse is considered in the appropriate way and that any concerns about safety and the children’s welfare are properly presented to the court.
Our family law team can advise on child arrangements, domestic abuse and applications to the Family Court, helping parents understand their options and make informed decisions about protecting their children. Please get in touch to discuss your situation in confidence.
