When child custody cases involve domestic violence, they present unique complexities and challenges. Under these circumstances, the courts always prioritise the best interests of the child – a guiding principle in all custody decisions.
When evidence or allegations of domestic abuse arise, these factors heavily influence key decisions. Acts of domestic violence impact not just the parents involved but also their children, who may suffer psychological and emotional harm as a result.
In recognition of the seriousness of such issues, in most cases, family courts award primary custody to the parent who is non-abusive, and significantly restrict the abusive parent’s physical custody rights.
Defining domestic abuse
Domestic abuse refers to a pattern of violent, threatening, controlling or coercive behaviour between family members or partners. It covers a wide array of abusive activities that often extends past physical violence.
For instance, emotional abuse undermines a person’s sense of self and self-esteem, while psychological abuse involves intimidation, isolation and threats. Sexual abuse includes any non-consensual sexual behaviour, and financial abuse sees one partner control the other’s free access to finances, limiting their independence.
Impacts of domestic violence on child custody
Protective orders play a substantial role in cases involving domestic violence. They are designed to safeguard the child and victim parent, and they restrict the accused parent’s access.
Supervised visitation can be ordered to guarantee the child’s safety when in contact with the parent accused.
A parent can lose custody of a child because of domestic violence. Family courts assess cases while putting the child’s welfare first. Circumstances where a parent can lose their custody rights include severe and repeated instance of domestic abuse that see the court decide that the child’s wellbeing and safety are at risk.
Do you need a domestic violence solicitor in North Wales?
At Bennett Smith Solicitors, we have extensive experience handling custody cases involving domestic violence. Domestic violence is unacceptable and must never be tolerated. Our family law team can secure emergency protection if adults and children are in situations where they are vulnerable to acts of domestic violence. Regardless of where you are based in North Wales, reach out to us today for immediate advice and assistance.
