Children who witness or experience domestic abuse deserve immediate legal protection. Our specialist family solicitors at Citywide Solicitors are here to help you safeguard your child — quickly, compassionately, and effectively.
Domestic abuse does not only harm the adult victim — its effects on children can be profound, lasting, and in many cases constitute abuse in their own right. Whether your child has witnessed violence, been subjected to emotional manipulation, or is caught in harmful contact arrangements, the law offers powerful protections.
At Citywide Solicitors, based in Tooting, South London, our family law team provides clear, urgent legal advice to parents and carers concerned about domestic abuse and children. We act swiftly to protect those who cannot protect themselves.
The Domestic Abuse Act 2021 significantly strengthened the legal framework in England and Wales. It introduced a statutory definition of domestic abuse that goes far beyond physical violence. Under this Act, domestic abuse includes:
Critically, the 2021 Act formally recognises that children who see, hear, or otherwise experience domestic abuse are themselves victims. This is a landmark shift in how the law treats children affected by household violence.
The impact of domestic abuse on children is wide-ranging and can be both immediate and long-term. Understanding these effects is crucial for parents, teachers, social workers, and legal professionals.
It is important to recognise that in many households where adult domestic abuse occurs, children are also subjected to direct physical or emotional abuse. Research consistently shows that child abuse and domestic abuse co-occur in a significant proportion of cases. Legal intervention is often required on both fronts simultaneously.
Non-molestation orders, occupation orders, and child arrangements orders to keep children safe.
We can apply for emergency protective orders quickly — sometimes on the same day.
Our solicitors put the welfare of the child first in every piece of advice we give.
Expert representation in family court proceedings, including contested hearings.
Several key pieces of legislation and statutory guidance work together to protect children in situations of domestic abuse in England and Wales.
This Act is the most significant piece of legislation in this area in a generation. Key provisions relevant to children include:
The Children Act 1989 remains the cornerstone of child law in England and Wales. The welfare of the child is the court's paramount consideration in any decision about a child's upbringing. The Act empowers courts to make a range of orders, including:
Practice Direction 12J (PD12J) is a critical court procedural rule that requires family courts to carefully consider allegations of domestic abuse before making any child arrangements order. Under PD12J, courts must:
This statutory government guidance sets out how organisations and individuals should work together to safeguard and promote the welfare of children. It provides the framework for multi-agency responses to domestic abuse involving children, including the role of Local Safeguarding Children Partnerships (LSCPs).
Our specialist family solicitors can advise you on protective orders, contact arrangements, and all aspects of child safeguarding law. We offer a 20-minute free initial consultation.
0203 490 1221 Make an Enquiry OnlineThe family courts have a range of powerful orders at their disposal to protect children from domestic abuse. At Citywide Solicitors, we can advise on and apply for all of the following.
A non-molestation order prevents an abuser from using or threatening violence against you or your children, or from harassing, pestering, or intimidating you. Breaching a non-molestation order is a criminal offence carrying a maximum sentence of five years' imprisonment. Applications can be made without the other party being notified first (a without notice application) in cases of urgency.
An occupation order regulates who lives in the family home. It can exclude an abusive partner from the property, even if they are the owner or joint tenant, thereby allowing children to remain in their home in safety.
A child arrangements order sets out with whom the child lives and spends time. Where domestic abuse is a factor, courts are required to consider the risk carefully. We can represent you in proceedings to ensure the right arrangements are in place for your child's safety and wellbeing.
Introduced by the Domestic Abuse Act 2021, DAPOs are more flexible than earlier orders and can impose positive obligations on the perpetrator — such as attending a behaviour change programme — as well as prohibitions. They can last for any period, including indefinitely.
In cases of immediate risk, a local authority or the police can apply for an Emergency Protection Order, which enables a child to be moved to, or kept in, a safe place. These are typically granted very quickly — often within 24 hours.
One of the most common and contentious issues in cases involving domestic abuse and children is contact and living arrangements. The law is clear: the child's safety and welfare come first.
Section 1(2A) of the Children Act 1989 creates a rebuttable presumption that involvement of both parents in a child's life will further the child's welfare. However, this presumption does not apply where there is evidence of domestic abuse. Courts must carefully scrutinise cases involving abuse before applying this presumption.
Where there are disputed allegations of domestic abuse, the court may hold a fact-finding hearing to determine what has happened before deciding what, if any, contact should take place. These hearings are important because a finding of abuse affects all subsequent decisions about the child.
The Children and Family Court Advisory and Support Service (Cafcass) assigns a children's guardian or family court adviser to cases involving children. Their role is to speak with the child, consider the evidence, and provide the court with a report on what they believe to be in the child's best interests. The child's own wishes and feelings are considered, with greater weight given as the child matures.
Where some contact is considered appropriate but there are ongoing concerns, the court may order supervised contact (where a third party is present) or indirect contact only (letters, cards, or video calls). In the most serious cases, the court may order that there is no contact at all.
If you are concerned about a child's safety, there are several bodies you should contact — in addition to seeking specialist legal advice.
Call 999 in an emergency. For non-urgent concerns, call 101. The police have powers to issue Domestic Abuse Protection Notices (DAPNs) immediately, providing short-term protection before a court order can be obtained.
Every local authority has a children's social care team. You can make a referral if you are worried about a child's welfare. Social workers can conduct a Child and Family Assessment and, where necessary, convene a Child Protection Conference.
Operated by Refuge, the National Domestic Abuse Helpline is available 24 hours a day, 7 days a week on 0808 2000 247 (free and confidential).
Children themselves can call Childline on 0800 1111, free and confidential, at any time.
In high-risk cases, a MARAC brings together representatives from police, health, children's social care, and specialist domestic abuse services to develop a coordinated safety plan for victims and their children.
At Citywide Solicitors, we understand that seeking legal help when domestic abuse is involved can feel overwhelming. Our team is experienced, empathetic, and committed to acting swiftly in your family's best interests.
We are based in Tooting, South London (SW17) and serve clients across London and beyond. We offer a 20-minute free initial consultation, flexible appointments, and a team that genuinely cares about outcomes for you and your children.
Our experienced family law team is ready to help you take action. Don't wait — every day matters when a child's safety is at risk.
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