Controlling and Coercive behaviour - Child Arrangements Orders

20th May 2021

Court of Appeal issues guidance on domestic abuse hearings and findings of fact (March 2021)

The Court of Appeal have heard four conjoined appeals in relation to fact finding hearings in private law cases concerning child arrangements. The guidance given by the Court of Appeal focussed on the concept of coercive and/or controlling behavior and the harm that can be caused to children living in such an environment. Specific guidance has been given in respect of whether a finding of fact hearing should take place; if the traditional 'Scott schedules' should be used; the approach the court should take to enable an evaluation of the existence of such behavior alongside the need to not significantly increase the scale and length of the proceedings which could be harmful to the child; and whether criminal law concepts should apply.

The guidance given is clearly welcomed by the profession because the traditional approach to domestic abuse was seen not to be affective for cases where the central issue was controlling and coercive behavior. Mainly due to the need to see behavior in the context of a period of time rather than specific incidents. 

For advice about how this could affect your case contact one of our specialist lawyers on 01274 305380.