Domestic violence children contact and a new PD12J

There may be many cases where violence or other behaviour against the other parent – if proved – will mean that ‘the contrary is shown’. The presumption of involvement in a child’s life by a parent should be reduced appropriately (s 1(2A)). But this should be regulated by judicial decision in each case, not by the essentially undemocratic practice direction. And particularly it should not be done where something could have been said by Parliament in an act – Children and Families Act 2014 – which is not yet three years old.”


What does the law say?…

The heading of the Marilyn Stowe blog by Paul Apreda, the National Manager of the Welsh charity FNF (Families Need fathers), Both Parents Matter, Cymru entitled ‘Are the best interests of the child no longer paramount?’  is controversial, perhaps deliberately so. It refers to the draft practice direction (PD), which in its present form is entitled Family Procedure Rules 2010 Practice Direction 12J – Child Arrangements & Contact Order: Domestic Violence and Harm (‘PD12J’).

In this note, in an attempt to provide clarity in any debate, I should like to look at the statutory principles in issue, namely Children Act 1989 s 1, described by Paul Apreda as the ‘corner stone’ – the paramountcy principle – of children law. Section 1 was extensively amended by Children and Families Act 2014 (CFA 2014). I want to look at the words – just the words…

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