Practice Direction 12J — Domestic Abuse in Family Court

Practice Direction 12J (PD 12J) – A Plain‑English Guide for Litigants in Person

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1. Why PD 12J exists

When the family court is asked to decide about a child’s living arrangements or contact with a parent, the judge must first think about any allegations of domestic abuse or harm. PD 12J tells the court exactly how to do that – it makes sure abuse is not overlooked before any contact order is made.

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2. What the direction **requires** the court to do

| Step | What the court must consider | Why it matters |

|------|-----------------------------|----------------|

| a. Identify allegations | As soon as one parent says the other has been abusive (physically, emotionally, sexually, controlling, coercive, or any form of harm), the judge notes that allegation. | The court cannot ignore it; it must be examined. |

| b. Decide if a fact‑finding hearing is needed | If the allegation is serious enough that it could affect the child’s safety or welfare, the court will usually order a fact‑finding hearing. | This hearing is where the truth about the abuse is investigated before any contact decision is made. |

| c. Only after the facts are known | The judge will not make a final contact order until the fact‑finding hearing (if one is ordered) has finished and the judge has decided what, if any, abuse actually happened. | Protects the child from being placed in a situation that could be unsafe. |

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3. How PD 12J **triggers a fact‑finding hearing**

• When abuse is mentioned – Even a brief comment in a statement, a CAFCASS report, or a police reference can be enough for the judge to think a fact‑finding hearing might be needed.
• The judge’s test – The judge asks: *If the allegations were true, would they likely change what contact arrangements are safe for the child?*

- Yes → a fact‑finding hearing is ordered.

- No (e.g., the allegation is vague, old, and clearly irrelevant) → the court may proceed without one, but must still note that it considered the allegation.

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4. What a **fact‑finding hearing** is and how it works

| Aspect | Plain‑English description |

|--------|---------------------------|

| Purpose | To decide, on the balance of probabilities (more likely than not), whether the alleged abuse actually happened. |

| Who is there | Usually the judge, both parents (or their legal representatives if they have them), a CAFCASS officer, and sometimes a social worker or expert witness. |

| What happens | 1. Each side gets a chance to tell their story and present any evidence (police reports, medical notes, text messages, photographs, witness statements).
2. The judge may ask questions to clarify points.
3. The judge listens to any expert opinion (e.g., a psychologist) if one is needed.
4. At the end, the judge writes a short decision saying which allegations are found proved, not proved, or unproved. |

| Standard of proof | “Balance of probabilities” – meaning the judge decides if it is more likely than not that the abuse occurred. This is lower than the criminal standard (“beyond reasonable doubt”). |

| Outcome | The judge’s findings become part of the case record and must be taken into account at the next stage – the welfare hearing (where the final decision about where the child lives and what contact they have is made). |

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5. What the **findings** mean for the welfare hearing that follows

• If abuse is found proved – The judge will treat that as a serious factor when deciding what contact, if any, is safe. Options may include supervised contact, indirect contact (letters, video calls), or, in the most serious cases, no contact at all.
• If abuse is not proved – The judge will not treat the allegation as a fact, but may still consider any lingering concerns (e.g., if the parent’s behaviour raised worries even if the specific incident wasn’t proven).
• If some allegations are proved and others are not – The judge will focus on the proved ones and ignore the unproved ones when shaping the contact order.
• The welfare hearing – After the fact‑finding stage, the court holds a welfare hearing (sometimes called a “final hearing”). Here the judge looks at the child’s overall welfare – their wishes, needs, education, health, and the findings from PD 12J – before making the final contact or residence order.

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6. What **litigants in person** should know about raising or responding to PD 12J

| Situation | Practical tips |

|-----------|----------------|

| You want to raise an allegation of abuse | • Write a clear, concise statement describing what happened, when, where, and any evidence you have (photos, messages, medical reports, police incident numbers).
• Mention why you think it affects the child’s safety (e.g., the child witnessed it, you fear the child will be exposed).
• File this with your application or response and ask the court to consider a fact‑finding hearing under PD 12J. |

| You are responding to an allegation | • Do not ignore it. Respond in writing, addressing each point: agree, disagree, or say you don’t know.
• Provide any evidence that contradicts the allegation (alibi, witnesses, lack of injury).
• Stay calm and factual; avoid emotional language that could be seen as “attacking” the other parent. |

| Preparing for a fact‑finding hearing | • Gather all relevant documents early: police reports, GP/hospital notes, school reports, text messages, emails, photographs.
• Make a timeline – it helps the judge see the sequence of events.
• Think about any witnesses who saw or heard what happened and ask if they can give a short statement (they may need to attend court).
• If you feel overwhelmed, consider asking the court for a short adjournment to get advice or support. |

| During the hearing | • Speak slowly and clearly. If you don’t understand a question, say “I’m not sure I understand; could you please rephrase?”
• Stick to what you saw or know; avoid guessing about the other person’s motives.
• Remember the judge is trying to find out what happened, not to take sides. |

| After the findings | • Read the judge’s note of findings carefully. If you disagree, you can usually appeal, but only on limited grounds (e.g., a serious procedural error).
• Use the findings to shape what you ask for at the welfare hearing (e.g., request supervised contact if abuse is proved). |

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7. Quick checklist for LIPs

• ☐ Identify any abuse allegation you want the court to consider.
• ☐ Explain why it matters for the child’s safety in your paperwork.
• ☐ Ask the court to consider a fact‑finding hearing under PD 12J if you think the allegation could affect contact.
• ☐ Collect evidence (messages, photos, reports, witness names).
• ☐ Prepare a simple timeline and a short statement for the hearing.
• ☐ Stay calm, factual, and focused on what you know or can prove.
• ☐ After the hearing, read the judge’s findings and use them to shape what you ask for at the welfare hearing.

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8. A friendly reminder

This guide explains the process and terminology of Practice Direction 12J in plain English. It is not legal advice tailored to your particular case. Family law can be complex, and the best outcome often comes from getting advice that fits your exact circumstances.