The court must consider the nature of any allegation, admission or evidence of domestic abuse and the extent to which it would be likely relevant when deciding whether to make a child arrangements order and if so in what terms.

The court must ensure that where domestic abuse is admitted or proven any child arrangements order in place protects the safety and well-being of the child and the parent with whom the child is living does not expose either of them to the risk of further harm and, therefore, the court must consider the allegations of domestic violence, make findings and then reflect as to how and what impact there may be upon future child arrangements. This applies to both interim arrangements as well as to final orders.

The Recording of Findings:

A court, on making findings, must record within its order so that it is apparent to any future judge or indeed, any future court which considers the matter, what findings have been made.

1. What is the Domestic Abuse Act 2021?

At its core, the Act provides a clear legal framework to tackle domestic abuse by officially defining what abuse is and expanding the protections available to victims and survivors.

• The Statutory Definition: For the first time, the law established a clear, unified definition of domestic abuse. Under Section 1, behaviour between two people aged 16 or over who are "personally connected" is considered domestic abuse if it is abusive.

• Forms of Abuse: The Act explicitly recognizes that domestic abuse is not limited to physical violence. It includes:

• • Physical or sexual abuse
  • Violent or threatening behaviour
  • Controlling or coercive behaviour
  • Economic abuse (e.g., restricting someone's ability to acquire, use, or maintain money or property)
  • Psychological, emotional, or other abuse

• Children as Victims: The Act formally recognizes children under 18 as victims of domestic abuse in their own right if they see, hear, or experience the effects of abuse between family members.

Direct Relevance to Family Court Proceedings

The Act introduced specific measures designed to protect vulnerable parties and children during family court proceedings (such as child arrangement orders or injunction hearings).

A. Prohibition of Direct Cross-Examination

One of the most significant changes in family court is the automatic ban on alleged perpetrators cross-examining victims in person (and vice versa).

• When it applies: The ban is triggered automatically if there is a conviction, caution, or ongoing criminal charge for a specified offense, if an "on-notice" protective injunction is in place, or if specified evidence of domestic abuse is presented. Courts can also prohibit cross-examination if it would cause significant distress or diminish the quality of evidence.

• How it works: If a party is prohibited from cross-examining a witness in person and cannot afford a lawyer, the court will appoint and fund a qualified legal representative from central funds to conduct the cross-examination on their behalf.

B. Special Measures in Family Courts

The Act expands the availability of Special Measures in family proceedings (under Section 63) to help vulnerable witnesses and parties give their best evidence. This can include:

• Giving evidence via video link or behind screens
• Separate waiting areas and distinct building entry/exit times
• The assistance of intermediaries or communication aids

C. Strengthening Protection Orders (DAPOs)

The Act creates a new civil preventative framework: Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs) .

• While non-molestation and occupation orders remain vital, DAPOs are designed to offer flexible, longer-term protection across both criminal and family jurisdictions.

• DAPOs can impose both negative prohibitions (e.g., no-contact zones) and positive requirements (such as mandating a perpetrator to attend behavior or substance abuse programs).

D. Protection Against Abusive Litigation (Section 91(14) Barring Orders)

To stop perpetrators from using the family court system as a tool for ongoing post-separation abuse, the Act reinforces Section 91(14) of the Children Act 1989 .

This allows family judges to issue "barring orders," preventing an abusive party from making repeated, unfounded, or harassing applications concerning children without first obtaining the court's explicit permission.

Summary for Family Court Litigants

If you are involved in family court proceedings involving domestic abuse:

1. Your definition is legally recognized: Non-physical behaviors, like financial control or emotional manipulation, carry the same legal weight as physical abuse.

2. You won't have to face your abuser in court: Measures exist to prevent direct questioning, backed by court-appointed legal representatives.

3. The impact on children is central: The court explicitly treats children exposed to abuse as victims, heavily influencing decisions regarding their welfare and safety.