Q&As
In Family Law Act 1996 proceedings, findings of domestic abuse and an occupation order were made. What is the procedure to introduce those findings into private law proceedings under the Children Act 1989?
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Published on: 29 July 2019
It is commonly the case when a relationship breaks down and there has been Domestic violence that the first Application that comes before the court is an application under the Family Law Act 1996 (FLA 1996) for a non-molestation and/or an Occupation order. Where those proceedings are contested, the court will make findings of fact on the allegations made that form the basis of the application and will determine whether those allegations are true on the balance of probabilities. There is often a significant overlap between findings of fact made at a final hearing under FLA 1996 and a fact-finding hearing within the Children Act 1989 (ChA 1989) proceedings. Where the two sets of proceedings run at the same time, it is usual
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Domestic abuse definition
What does Domestic abuse mean?
The DAA 2021 creates, for the first time, a cross-government statutory definition of domestic abuse. According to the government’s factsheet the definition is ‘…to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes’. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused and the second part defines what constitutes abusive behaviour. The definition is broad and includes controlling or coercive behaviour and economic abuse. For the purposes of DAA 2021, the behaviour of a person towards another person is domestic abuse if: •both parties are each aged 16 or over and are personally connected to each other, and •the behaviour is abusive Behaviour is abusive if it consists of any of the following: •physical or sexual abuse •violent or threatening behaviour •controlling or coercive behaviour •economic abuse, which means any behaviour that has a substantial adverse effect on that person’s ability to: ?acquire, use or maintain money or other property, or ?obtain goods or services •psychological, emotional or other abuse The behaviour can consist of a single incident or a course of conduct. For the purposes of DAA 2021, behaviour may be behaviour towards a person despite the fact that it consists of conduct directed at another person, for example, towards that person’s child. This confers the formal status of victim of domestic abuse not only on the victim themselves, but on any child who has seen, heard or experienced the effects of domestic abuse. References in DAA 2021 to being abusive towards another person are to be read in accordance with this.
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