Domestic Abuse Allegations: Unsupervised Contact Controversy

Maria Kitsiou

Unsupervised Contact Was Premature When Domestic Abuse Alleged

Unsupervised contact is not appropriate where a child is considered to be at risk of harm. If a parent is concerned for their child’s safety during unsupervised contact with the other parent, an application to court may be necessary.

However, the courts don’t always get it right. The Court of Appeal has criticised a judge for allowing unsupervised interim contact between a father and daughter. The family and children team at Osbornes Law are experts in representing parents seeking the best arrangements to protect their children following relationship breakdown.

In this difficult case [E, F And G (Interim Child Arrangements) [2024] EWCA Civ 874], a judge ordered unsupervised contact even though the mother had made several allegations of domestic abuse, as well as physical abuse of the children.

What’s the background?

Following the marriage breakdown in 2022, F applied for various orders including a child arrangement order. Later, he sought a female genital mutilation protection order (FGMPO) arguing that if M was to take the daughters to Egypt, it was likely they would be subjected to FGM there.

M opposed those applications. She also made allegations against F of domestic abuse, coercive and controlling behaviour and physically abusing the children. The court granted FGMPO orders in March 2023, and an order preventing either parent from removing the children from the UK. F was later granted telephone contact and supervised direct contact with the children.

However, in October 2023, the judge ordered unsupervised interim contact between F and the children, even though no fact-finding hearing into the allegations had yet been held. It was a decision that appeared to ignore the view of Cafcass, which had recommended supervised contact should continue and a fact finding hearing to take place to address the allegations.

The judge reasoned that it would allow unsupervised contact to be “tested out under the umbrella of court proceedings, which means that there is no final determination at all”.

M successfully appealed that decision. The Court of Appeal found that serious allegations had been made against F, and if they were true there was clearly an ongoing risk to M and the children.

Children`s welfare

A child’s welfare is of paramount consideration in proceedings under the Children Act 1989. Yet the judge had also failed to consider all aspects of the children’s welfare as required by s1(3) of the 1989 Act. The judge’s reasoning was also inconsistent with a Practice Direction (12J), which states:

“Domestic abuse is harmful to children, and/or puts children at risk of harm, including where they are victims of domestic abuse for example by witnessing one of their parents being violent or abusive to the other parent, or living in a home in which domestic abuse is perpetrated (even if the child is too young to be conscious of the behaviour). Children may suffer direct physical, psychological and/or emotional harm from living with and being victims of domestic abuse, and may also suffer harm indirectly where the domestic abuse impairs the parenting capacity of either or both of their parents.”

Unsupervised interim contact was stopped pending a fact-finding hearing into the allegations against F – which was to be listed as soon as possible.

How can we help?

Negotiating acceptable contact arrangements can be difficult, but the welfare and safety of any child involved is of paramount importance. If you are concerned about any contact-related issue for your child, get in touch with the specialist family solicitors at Osbornes Law.

For urgent advice and support from on any family matter, contact Maria Kitsiou, Partner and Head of Domestic Children, or contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811