14: Going to court about residence or contact with child/ren

In this section we concentrate on situations where a mother has been the victim of domestic violence, but the process described here also applies to any parental dispute about contact or residence. 

If you have recently separated or never made a formal arrangement about the children after you separated from their father, you can apply to court for a Child Arrangements Order [47]. This is where you say where you want the children to live and what contact they should have with their father. If you don’t have a lawyer or legal aid hasn’t come through yet. you can fill in the form yourself and take it or post it to the nearest family court to where you and the children live [48]. If you are on benefits you do not need to pay the court fee (at the moment £215). You will need to fill in a Fee Waiver Form [49] and get a letter confirming your benefit payments which should be dated within the last three months. If you or the children are at risk of harm or abuse you need to fill in an additional form [50] and give brief details. 

If you are representing yourself remember to carefully read the Guidance Notes for all these forms because if you don’t follow the requirements (eg by not taking copies of the forms with you) your application will be rejected. 

You are entitled to legal aid (now called Public Funding) if there has been domestic abuse (either in the past or if it is continuing by the father pressing for residence/contact). Domestic violence (DV) includes controlling, coercive, abusive behaviour and is NOT limited to rape, sexual and/or physical violence. If you want to apply for legal aid under the DV rules [51], go to your GP and ask them to refer you to a DV organisation (for example Women Against Rape or Women’s Aid) and that organisation can then refer you to a lawyer for legal aid. 

If you cannot get legal aid always take someone to court with you, especially if you don’t have a lawyer. A friend or relative can be your McKenzie friend (see 2) and judges are supposed to be a bit more considerate towards anyone representing themselves. We know that fathers are more likely to have a lawyer than mums so it’s important to know your rights and stick up for yourself in court! 

As a victim of domestic violence, you have a right to be treated as a vulnerable witness in court. Two useful legal documents are Practice Direction 12J, and Practice Direction 3AAPD12 J says that where allegations of domestic violence have been made, the judge should have a fact-finding hearing.   And it also spells out how women with a violent ex-partner ought to be treated in family proceedings. If you have a lawyer, make sure they use these documents and ask them to insist that the judge follows them as this could make all the difference to your case. 

If you are representing yourself you can still ask the court for protective measures under PD12J, which includes the use of video link for giving evidence, a separate waiting area and screens in the courtroom. It’s important to email the court ahead of time, explain you are requesting these protections under PD12J, and then take a copy with you to show court staff in case no arrangements have been made. It is not uncommon for the arrangements not to be in place, so you may need to insist once you’re at court and show the proof of making the request. Stick to your guns! 

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