- Guidance from Court of Appeal on domestic abuse hearings and fact-finding hearings (Re H-N and others (children) (domestic abuse:finding of fact hearings))
- What are the practical implications of this case?
- Scott Schedules
- Historical abuse
- Modern approach to domestic abuse and coercive control
- Relevance of sexual history and disclosure of intimate material
- What was the background?
- Re B-B
- Re H
- Re H-N
- Re T
- What did the court decide?
- Re B-B—appeal allowed
- Re H—appeal refused
- Re H-N—appeal allowed
- Re T—appeal allowed
Family analysis: The Court of Appeal heard four conjoined appeals from orders made in private law proceedings under the Children Act 1989 (ChA 1989) all of which concerned allegations of domestic abuse. The court set out general guidance for the family courts to consider when addressing these allegations and risk of harm to a child and parent. The court held that the modern definition of domestic abuse must include coercive and controlling behaviour; historical allegations of abuse are relevant when determining risk of harm to a child; Scott Schedules are a potential barrier to fairness; and Family Procedure Rules 2010 (FPR 2010) PD 12J is fit for purpose but judges must ensure that it is implemented. Charlotte Proudman, barrister at Goldsmith Chambers, examines the practical implications of the decision in Re H-N and others (children) (domestic abuse: finding of fact hearings) for family law practitioners.
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