Protective Orders Secured for Children Following Domestic Abuse

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Charlotte King supported a parent in private children proceedings involving allegations of controlling behaviour, physical abuse and threats. Leonard Solicitors obtained urgent protective orders, prepared the evidence for a fact-finding hearing and instructed counsel to represent the client in court. Following findings against the other parent, the court ordered that the children live with the client and that no direct or indirect contact take place.

Our client had left the relationship after reporting a sustained pattern of controlling behaviour, physical assaults and threats. Serious concerns had also been raised about harm to the children. The other parent denied the allegations and sought contact.

Urgent applications were made to protect the children while the disputed issues were considered. The court ordered the return of their passports and prohibited the other parent from removing them from the client’s care, their school or nursery, or the United Kingdom. These safeguards remained in place as the case progressed towards a fact-finding hearing.

Charlotte worked with the client to prepare an amended Schedule of Allegations, supporting witness statements and the records directed by the court. Counsel was instructed for the fact-finding hearing, with the evidence organised around the alleged pattern of controlling behaviour, physical assaults, threats and harm to the children.

During the proceedings, concerns arose that one of the client’s witnesses had been threatened and that a statement filed on behalf of the other parent may not have come from a genuine witness. Leonard Solicitors filed an urgent C2 application asking the court to consider both issues. The court directed further evidence on the alleged intimidation and required proof of identity for the disputed witnesses.

At the fact-finding hearing, the court found all but one of the client’s allegations proven. The findings included controlling behaviour, physical assaults, threats towards the client and physical harm to one of the children.

The court also found that the other parent had fabricated a witness and attempted to intimidate one of the client’s witnesses. Both were treated as further evidence of controlling behaviour. These findings gave the court a clear basis for deciding what arrangements would best protect the children.

Following the fact-finding hearing, Charlotte prepared the client’s position for the final stage of the proceedings and instructed counsel for the remaining court hearing. The Children’s Guardian advised that contact with the other parent could not be recommended in light of the findings.

The court ordered that the children live with Charlotte’s client and that the other parent have no direct or indirect contact with them. The Prohibited Steps Order prevented the children being removed from the client’s care, their school or nursery, or the United Kingdom. Before making any further application concerning the children, the other parent must successfully complete an accredited Domestic Abuse Perpetrator Programme.

The final orders gave our client certainty over the children’s care and a clear legal framework for their protection. The proceedings had involved serious allegations, disputed evidence and attempts to undermine the client’s case. The court’s decision brought that process to a close and allowed the family to move forward under arrangements designed around the children’s welfare.

Any future application by the other parent will depend on the successful completion of an accredited Domestic Abuse Perpetrator Programme. This condition reflects the seriousness of the findings and gives our client greater confidence that the issues identified by the court must be addressed before further proceedings can be considered.

Where private children proceedings involve domestic abuse, the court may need to consider both the safety of the children and the arrangements for their care and contact. Early legal advice can help ensure safeguarding concerns are properly evidenced and urgent protective measures are considered.

Leonard Solicitors advises parents on Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders and Non-Molestation Orders. Our Family Law team also supports clients affected by domestic abuse throughout related children proceedings. To discuss your circumstances, please contact us.

Charlotte King is a Chartered Legal Executive Apprentice in Leonard Solicitors’ Family Law team. She supports clients in private children and domestic abuse matters, including applications for Child Arrangements Orders, Prohibited Steps Orders, Specific Issue Orders and Non-Molestation Orders.

Charlotte provides clear, practical advice throughout proceedings and helps clients understand their options at each stage. Her experience includes securing protective orders and supporting parents where safeguarding concerns affect arrangements for their children.