Domestic abuse allegations are the most common reason for parents being denied contact with their children and are therefore one of the most common reasons that parents approach specialist family lawyers for help.
The scenario is unfortunately a common one. A couple’s relationship will break down. One parent will leave the family home. The parent with whom the children are living will deny the other parent contact, alleging domestic abuse.
Domestic abuse allegations range from allegations of physical or sexual assault, to allegations of controlling behaviour or financial abuse. When such allegations are made, the family court will usually order that a fact-finding hearing take place. A fact-finding hearing is when a court hears evidence from both parents about the allegations and then makes a decision on whether the allegations are proved. For further details on what happens in a fact-finding hearing see our article here.
The court’s decision in a fact-finding hearing can have a lasting impact on a parent’s relationship with their children. If the court finds domestic abuse allegations to be proved, then it may in effect restrict or even prevent contact between the children and the parent against whom the abuse is proved. This can often trigger a destructive “downward spiral” where the children, not having had contact with the parent for so long, begin to show signs of parental alienation.
The key to defeating false allegations of domestic abuse in court is to remain strategic and logical. This is not easy, given how emotionally draining domestic abuse allegations in the family court are. As family law barristers we can help clients faced with such allegations.
Demstone Chambers are specialist family lawyers in Milton Keynes. We help clients all over the UK, including London, Birmingham, and surrounding areas.
As Direct Access Barristers, we have many years of experience in helping clients to defend themselves in fact-finding hearings against allegations of domestic abuse.