One of the most difficult decisions a Family Court can make is determining whether a child should spend time with a parent following findings of domestic abuse. A recent case, Re A (A Minor) [2026] EWFC 152, highlights the approach the court may take when serious concerns exist about a parent’s behaviour and the impact that behaviour may have on both the child and the other parent.

What was the case about?

The case concerned a young child whose parents separated shortly after her birth. Over a number of years, court proceedings took place regarding the arrangements for the child to spend time with her father. During those proceedings, the court had already made serious findings against the father, including findings of controlling and coercive behaviour. The court also considered evidence relating to an extremely serious attack on the mother. Although no criminal charges had been brought, the court considered the wider circumstances when making decisions about the child’s welfare and future arrangements.

The key question before the court was not whether the father loved his child. It was whether further contact would be in the child’s best interests and what arrangements would best protect her welfare.

What did the court decide?

The court decided that the existing arrangements should remain in place.

The child would continue to have indirect contact with her father through letters and correspondence, rather than progressing to direct face-to-face contact.

The court also made additional protective orders, including:

• A Prohibited Steps Order preventing the child from being removed from her mother’s care.
• A Section 91(14) Order limiting further court applications without permission from the court.
• A requirement that the father undertake a recognised domestic abuse perpetrator programme if he wished to demonstrate future change and seek a different outcome in the future.

Why is this case important?

Many people assume that the Family Court will always seek to maximise contact between a child and both parents. In reality, the court’s primary concern is always the welfare of the child.

Where domestic abuse findings have been made, the court must carefully consider:

• The impact on the child.
• The impact on the parent who has experienced abuse.
• Whether the abusive parent has acknowledged their behaviour.
• Whether meaningful change has taken place.
• Whether increased contact would be safe and beneficial.

The court made clear that a parent’s desire for contact is not enough on its own. The court must be satisfied that any arrangements genuinely promote the child’s welfare.

Can a parent change the situation?

Potentially, yes. The judgment recognises that people can take steps to address harmful behaviour and demonstrate change over time. However, the court emphasised that change must be genuine, sustained and supported by appropriate professional intervention. Simply saying that things are different is rarely enough.

Where domestic abuse findings have been made, courts will often look for evidence of insight, accountability and engagement with specialist programmes before considering any progression of contact arrangements.

What does this mean for separating parents?

Every family is different, and every case turns on its own facts. However, this case is a reminder that:

• The child’s welfare remains the court’s paramount consideration.
• Domestic abuse findings can have a significant impact on future child arrangements.
• The court will look closely at whether a parent has accepted responsibility for their behaviour.
• Protective orders may be made where the court considers they are necessary to safeguard a child or parent.
• Future applications to court may be restricted where repeated litigation risks causing further harm.

How we can help

Disputes about children are often emotionally challenging and legally complex, particularly where allegations of domestic abuse have been raised.

At Just Family Law, we help parents understand their options, protect their children and work towards arrangements that are safe, practical and focused on long-term wellbeing.

Emma Sanders is a Partner with Just Family Law. If you would like to book an appointment to obtain advice about child arrangements, domestic abuse allegations or Family Court proceedings, our team would be happy to help. Please contact emmasanders@just-family-law.com or phone 01962 217640.