What is Practice Direction 12J?

Practice Direction 12J is a crucial part of the Family Procedure Rules. It sets out the exact steps the Family Court must follow when dealing with child arrangements (such as where a child will live or who they will spend time with) if there are allegations, admissions, or reasons to believe that domestic abuse has occurred or poses a risk.

The overriding priority of the court under PD 12J is the safety and welfare of the child and protecting parties from the risk of further harm.

Key Principles & Scope

• Broad Definition of Abuse: Domestic abuse under PD 12J is not limited to physical violence. It includes physical, sexual, psychological, emotional, or financial abuse, as well as coercive and controlling behaviour
• Children as Victims: Under the law, children are recognized as victims of domestic abuse if they see, hear, or experience the effects of abuse, or if it negatively impacts their parenting environment.
• Safety First: The court will only order child contact with a parent accused or found to have perpetrated abuse if it is satisfied that the contact is safe, does not expose the child or other parent to harm, and is in the child’s best interests.

How the Court Handles Cases Involving PD 12J

1. Early Identification (The First Hearing)

• At the very first hearing (the First Hearing Dispute Resolution Appointment, or FHDRA), the judge or magistrates will check whether domestic abuse is raised as an issue by either party or by Cafcass (Children and Family Court Advisory and Support Service).Safeguarding checks (police and social services records) will be reviewed by the court before making decisions.

2. Fact-Finding Hearings

If there are serious, disputed allegations of domestic abuse that affect whether and how a child should have contact, the court may need to hold a Fact-Finding Hearing

• Purpose: To determine what actually happened based on evidence, rather than deciding final child arrangements right away.
• Scott Schedule: Litigants are often asked to complete a document called a "Scott Schedule, " which clearly lists the specific allegations on one side and the responses/denials from the other side.
• Interim Orders: Generally, the court will avoid making long-term contact orders—and may restrict interim contact—until the factual allegations have been properly tested and assessed.

3. Court's Evaluation After Findings

If domestic abuse is admitted or proven at a fact-finding hearing, the court will evaluate:

• The impact of the abuse on the child and the primary carer.
• Whether the parent seeking contact is genuinely motivated by the child’s best interests or is using court proceedings to continue controlling or harassing behavior.
• Whether safe contact arrangements can be put in place (e.g., supervised contact, handovers at neutral venues, or indirect contact like letters).

Tips for Litigants in Person

• Stick to the Facts: When writing statements or filling out forms (like Form C1A), focus on specific, relevant incidents of abuse rather than general arguments.
• Keep Evidence Organized: Save text messages, emails, police reference numbers, medical records, or notes from support agencies that relate directly to your safety concerns.
• Prioritize the Child: Always frame your arguments around how the situation impacts the child’s safety, emotional well-being, and development.

If considering any form of contact or involvement of the parent in their child's life to consider:

a) whether it would be assisted by any social work psychiatric psychological or other assessment, (including an expert safety and risk assessment), of any party or the child and if so, (subject to any necessary consent), make directions for such assessment to be undertaken and for the filing of any consequent report. Any such report should address the factors set out in paragraph 36 and 37 pf PD12J unless the court directs otherwise.

b) Whether any parties should seek advice, treatment or other intervention as a precondition to any child arrangements order be made and may, (with the consent of that party), give directions for such attendance.

Further or as an alternative to the advice, treatment or other intervention referred in paragraph 33 B of practise directions 12 J the court may make an activity direction under section 11A and 11B of the Children Act 1989. Any intervention directed pursuant to this provision should be 1 commissioned and approved by Cafcass. It is acknowledged that acceptance on a domestic abuse intervention is subject to a suitability assessment by the service provider, and their completion of a domestic abuse intervention will take time in order to achieve the aim of risk reduction for the long-term benefit of the child and the parent with whom the child is living.

1. When deciding the issue of child arrangements, the courts should ensure that any order for contact will not expose the child to an unmanageable risk of harm and will be in the best interest of the child, in the light of the factors set out in paragraph 36 of Practice Directions 12 J.

a) any findings of fact,

b) admissions; or

c) Domestic abuse having otherwise been established,

the court should apply the individual matters in the welfare checklist with reference to the domestic abuse which has occurred and any expert risk assessment obtained.

2. In particular, the court should in every case the court should consider any harm-

a) which the child as a victim of domestic abuse, and the parent with whom the child is living, has suffered a consequence of that domestic abuse; and

b) which the child and the parent with whom the child is living is at risk of suffering, if the child arrangements order is made.

3. The course should make an order for contact only if it is satisfied:

a) that the physical and emotional safety of the child and the parent with whom the child is living can, as far as possible, be secured before, during and after contact; and

b) that the parent with whom the child is living will not be subjected to further domestic abuse by the other parent.

In every case where a finding of domestic abuse is made the court should consider the conduct of both parents towards each other and towards the child and the impact of the same. In particular, the court should consider:

a) The effect on domestic abuse on the child and on the arrangements for where the child is living;

b) the effect of the domestic abuse on the child and its effect on the child's relationship with the parents.

c) whether the parent is motivated by a desire to promote the best interests of the child or is using the process to continue a form of domestic abuse against the other parent;

d) the likely behaviour during contact of the parents against whom findings are made and its effect on the child;

e) the capacity of the parents to appreciate the effect of past domestic abuse and the potential for future domestic abuse.

The court must always have in mind the overriding objective, which states that the court should deal with a case justly, which includes, so far as is practicable:

a) Ensuring that the cases dealt with expeditiously and fairly.

b) dealing with the case in ways which are proportionate to the nature, importance and complexities of the issues.

e) Ensuring the parties are on an equal footing.