Children & Young People
in Domestic Abuse Cases
A comprehensive guide to the legal protections, safeguarding frameworks, and support services for children affected by domestic abuse — for survivors, parents, and safeguarding professionals.
Important: This page covers the key legal frameworks protecting children in domestic abuse cases. If you are concerned about an immediate risk to a child, call 999. For non-emergency concerns, contact your local authority children’s services or the NSPCC on 0808 800 5000. You do not need proof — reasonable concern is sufficient to make a referral.
Children Act 1989
The cornerstone of child protection law in England and Wales
The Children Act 1989 is the primary piece of legislation governing child welfare and protection in the UK. It fundamentally reformed child law by creating a comprehensive framework that places the child’s welfare at the heart of all decisions. The Act recognises that children are best cared for within their families wherever possible, but provides mechanisms for intervention when children are at risk of harm.
Key principles
- Paramountcy Principle — the child’s welfare is the court’s paramount consideration in all decisions
- Parental Responsibility — defines who has legal rights and responsibilities for a child
- No Order Principle — courts should only make an order if doing so is better than making no order at all
- Delay is Harmful — any delay in proceedings is likely to prejudice the welfare of the child
- The Welfare Checklist — courts must consider the child’s wishes, physical and emotional needs, and any harm suffered or risk of harm
Relevance to domestic abuse cases
- Allows courts to make orders that protect children from exposure to domestic abuse
- Section 31 enables local authorities to apply for Care Orders or Supervision Orders if a child is suffering or likely to suffer significant harm
- Section 47 places a duty on local authorities to investigate if they have reasonable cause to suspect a child is suffering or likely to suffer significant harm
- The Act recognises that witnessing domestic abuse constitutes harm to children
- Empowers courts to restrict or supervise contact between children and perpetrators of abuse
Important: Since the Adoption and Children Act 2002, “harm” explicitly includes witnessing domestic abuse. This means exposure to domestic violence is legally recognised as damaging to children’s welfare.
Cafcass Domestic Abuse Practice Policy
Ensuring children’s voices are heard and victims are protected in family court proceedings
The Children and Family Court Advisory and Support Service (Cafcass) represents children in family court cases in England. Their Domestic Abuse Practice Policy sets out strict requirements for how Family Court Advisers (FCAs) and Children’s Guardians must handle cases involving domestic abuse.
Core requirements
- Victim-Centred Language: Reports must use victims’ own words without qualifying language like “alleges” or “claims”
- Child’s Voice Priority: The child’s lived experience must be central to all assessments and recommendations
- Risk-Based Approach: When a parent is under investigation or convicted of sexual or violent offences, the default position is that the child should not spend time with that parent
- Protective Recommendations: Advisers must prioritise the safety of child and adult victims over contact arrangements
- Evidence-Based Practice: All decisions must be based on thorough risk assessments using the Domestic Abuse Practice Pathway
Your right: If you’re concerned that a Cafcass report doesn’t accurately reflect abuse or safety risks, you have the right to raise concerns with the court and request clarification or additional assessment.
Child Arrangements Order (C100 Application)
The legal mechanism for determining where children live and who they spend time with
A Child Arrangements Order is a court order that decides arrangements for a child, including where they live and how much time they spend with each parent. The C100 form is used to apply for these orders when parents cannot agree on arrangements.
Types of orders available
- Child Arrangements Order — determines who the child lives with and time with the other parent
- Specific Issue Order — settles specific disputes (school, medical treatment, name changes)
- Prohibited Steps Order — prevents a parent from taking certain actions (removing child from country)
- Section 91(14) Order — prevents repeated applications without court permission, protecting victims from harassment
Special protections in DA cases
- Form C1A: Must be completed alongside C100 if there are safety concerns — details allegations of domestic abuse
- Special Measures: Separate waiting areas, screens, video link for giving evidence
- Cafcass Safeguarding Check: Automatic checks with police and local authorities
- Fact-Finding Hearings: Separate hearings to establish whether abuse occurred before final orders
Important update (June 2024): Victims of domestic abuse are no longer required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. You can apply directly using Form C100.
Domestic Abuse Practice Pathway
A framework for evidence-based risk assessment focused on children’s safety
The Domestic Abuse Practice Pathway is a structured tool developed to assist practitioners — including Cafcass officers, social workers, and other professionals — in conducting comprehensive risk assessments in cases involving domestic abuse.
Key components
- Child-Centred Approach: Prioritises the voice and lived experience of the child throughout the assessment
- Impact Assessment: Evaluates how domestic abuse has affected and continues to affect the child
- Risk Identification: Identifies current and future risks to the child’s safety and wellbeing
- Pattern Analysis: Examines patterns of coercive control and abuse over time
- Protective Factors: Assesses what protections and supports are in place or needed
When it must be used
Must be used in all cases where domestic abuse is a feature — including private law proceedings, public law proceedings, cases where historic abuse is disclosed, allegations without convictions, and situations involving coercive control, financial abuse, or emotional abuse.
Working Together to Safeguard Children
Statutory guidance on inter-agency cooperation to protect children
Working Together to Safeguard Children is statutory guidance that sets out how organisations and individuals must work together to safeguard and promote the welfare of children. It applies to all professionals who work with children and families — schools, police, health services, and local authorities.
Core principles
- Children’s needs and views must be at the heart of safeguarding practice
- Providing early help — support as soon as problems emerge, before they escalate
- Effective collaboration between all agencies involved with the child and family
- Appropriate sharing of information between agencies to protect children
- Clear roles and responsibilities for all professionals involved
Section 47 investigations
When there is reasonable cause to suspect a child is suffering or likely to suffer significant harm (including from domestic abuse), local authorities must:
- Make enquiries to decide whether action is needed to safeguard or promote the child’s welfare
- Coordinate with police and other agencies
- See the child and speak to them alone where appropriate
- Consider the child’s wishes and feelings
- Assess whether protective action is required
Anyone can make a referral: Any professional or member of the public can refer concerns to children’s services or the police. You do not need proof — reasonable concern is sufficient.
Review of Parental Involvement Presumption
Examining the balance between children’s rights and their safety in domestic abuse cases
Section 1(2A) of the Children Act 1989 creates a presumption that involvement of both parents in a child’s life will further the child’s welfare, unless there is evidence to the contrary. This presumption has been controversial in domestic abuse cases, where contact with an abusive parent may harm rather than benefit the child.
Concerns with the current presumption
- Can be misinterpreted as a right to contact for parents, rather than a child-welfare principle
- Courts may feel pressure to order contact even when evidence of abuse suggests it’s harmful
- Doesn’t adequately account for serious risks posed by domestic abuse perpetrators
- Children’s voices can be overlooked in favour of parental “rights”
- Can facilitate ongoing abuse and control through child contact arrangements
Your rights now
- The presumption is rebuttable — evidence of harm can override it
- The child’s welfare remains the paramount consideration
- Courts have powers to order no contact or only supervised contact where necessary
- You can present evidence of abuse and its impact on children
- Expert evidence and Cafcass assessments can support your case
Domestic Abuse Act 2021 — Children’s Provisions
Landmark legislation that recognises children as victims in their own right
The Domestic Abuse Act 2021 is the most significant piece of domestic abuse legislation in recent years. It includes important provisions specifically protecting children.
Key children’s provisions
- Children as Victims: Recognises that children who see, hear, or experience the effects of domestic abuse are victims in their own right — not just witnesses
- Prohibition on Cross-Examination: Prevents domestic abuse victims and perpetrators from cross-examining each other in family court proceedings
- Domestic Abuse Protection Orders (DAPOs): Can include provisions protecting children from contact with perpetrators
- Commissioner for Victims: Duty to promote awareness of domestic abuse affecting children
PEGS: Support for Parents Experiencing Child-to-Parent Abuse
Child-to-Parent Abuse (CPA) is a hidden and often misunderstood form of domestic abuse. PEGS (Parental Education Growth Support) provides specialist national support for parents, carers, and guardians experiencing abuse from their children.
Their work includes one-to-one guidance, peer support, wellbeing sessions, and professional training — helping families feel seen, heard, and supported.
Reporting concerns about a child
999 — Immediate danger
Call 999 immediately if a child is in immediate danger. Ask for police.
NSPCC Helpline
0808 800 5000 — free, 24/7. For anyone concerned about a child. Email: [email protected]
Childline
0800 1111 — free, confidential support for children and young people. Available 24/7.
Local authority children’s services
Contact your local authority to make a referral. Find your local service at gov.uk. Out-of-hours emergency duty teams are available.
Police — 101 (non-emergency)
For concerns that aren’t immediately urgent but require police involvement.
School or GP safeguarding lead
Every school and GP practice has a designated safeguarding lead. They have a statutory duty to act on concerns about a child’s welfare.
How domestic abuse affects children
Domestic abuse has profound and lasting effects on children’s development, wellbeing, and future relationships. Impacts vary by age — but no age group is unaffected.
| Age group | Common impacts |
|---|---|
| Babies & Toddlers 0–3 years | Disrupted attachment and bonding · Developmental delays · Sleep disturbances and feeding difficulties · Heightened anxiety and fear responses · Difficulty self-regulating emotions |
| Preschool 3–5 years | Regression in development (bedwetting, baby talk) · Nightmares and sleep problems · Aggressive or withdrawn behaviour · Difficulty separating from safe parent · Emotional dysregulation |
| Primary school 5–11 years | Academic difficulties and concentration problems · Anxiety, depression, low self-esteem · Behavioural problems at school · Physical complaints (headaches, stomach aches) · Difficulty forming friendships |
| Teenagers 11–18 years | Risky behaviours (substance use, self-harm) · Mental health issues (depression, anxiety, PTSD) · Relationship difficulties · Academic underachievement · Running away · Normalisation of abusive relationships |
| Long-term effects | Increased risk of entering abusive relationships · Mental health conditions (PTSD, depression, anxiety) · Attachment difficulties · Difficulty trusting others · Physical health problems · Intergenerational trauma |
Recognising signs in children
Children affected by domestic abuse may display various signs. No single sign confirms abuse, but patterns of behaviour should raise concern and trigger a safeguarding response.
Behavioural signs
- Aggression or violence towards others
- Extreme shyness or withdrawal
- Difficulty controlling emotions
- Taking on adult responsibilities (caring for siblings or parents)
- Regression in behaviour appropriate for age
- Hypervigilance or constant anxiety
Emotional signs
- Low self-esteem and self-worth
- Depression or persistent sadness
- Anxiety or panic attacks
- Fear of making mistakes
- Difficulty expressing emotions
- Emotional numbing or detachment
Physical signs
- Unexplained injuries (may have witnessed or tried to intervene)
- Frequent headaches or stomach aches with no medical cause
- Sleep disturbances or nightmares
- Changes in eating patterns
- Bedwetting beyond expected age
Social & academic signs
- Isolation from friends and activities
- Excessive people-pleasing behaviour
- Reluctance to go home
- Declining grades or attendance
- Difficulty concentrating
- Frequent absences or lateness
Role of professionals & agencies
All professionals working with children have a statutory duty to safeguard and promote their welfare — this includes identifying children living with domestic abuse and taking appropriate action.
Police response
- Conduct welfare checks on children present during DA incidents
- Make safeguarding referrals to children’s services
- Consider Domestic Violence Protection Orders (DVPOs/DVPNs)
- Document children’s presence and observable impact
- Work with MARAC for high-risk cases
- Operation Encompass: police notify schools of DA incidents involving children overnight
Schools & education
- Designated Safeguarding Leads trained in domestic abuse
- Operation Encompass — schools receive early morning notifications
- Trauma-informed approaches to behaviour management
- Safe spaces for children to disclose concerns
- Relationship and sex education covering healthy relationships
- Monitoring attendance, behaviour, and wellbeing
Health services
- Routine enquiry about domestic abuse in appropriate settings
- Safeguarding training for all staff
- Recognising physical and mental health impacts in children
- Making referrals to MARAC and children’s services
- Providing trauma-informed care
Children’s social care
- Assessment under Section 17 (child in need) or Section 47 (child at risk of significant harm) Children Act 1989
- Child protection planning where appropriate
- Support for the non-abusive parent
- Direct work with children
- Multi-agency safety planning
Supporting children affected by domestic abuse
Immediate steps
- Remove the abusive parent/carer or relocate to safe accommodation
- Ensure children feel safe and protected
- Maintain stability and routine where possible
- Avoid exposing children to further conflict
Emotional support
- Validate children’s feelings and experiences
- Reassure them that the abuse is not their fault
- Listen without judgment
- Allow them to express emotions safely
- Maintain consistent boundaries and expectations
Therapeutic support
- Trauma-focused cognitive behavioural therapy (TF-CBT)
- Play therapy for younger children
- Group work with children with similar experiences
- Art and music therapy
- Family therapy where safe and appropriate
Breaking the cycle of abuse
Why early intervention matters — and what protective factors make the difference
Children who grow up with domestic abuse are at increased risk of experiencing or perpetrating abuse in their own relationships. Early intervention and support can break this cycle. The presence of protective factors significantly improves outcomes.
Protective factors
- Strong relationship with at least one safe, stable adult
- Access to therapeutic support
- Education about healthy relationships
- Opportunities to process and understand experiences
- Positive role models
- Engagement in positive activities and peer groups
Supporting recovery
- Safety and stability as the foundation for everything else
- Trauma-informed approaches in all settings — school, health, home
- Supporting the non-abusive parent alongside the child
- Addressing the impact of abuse explicitly and age-appropriately
- Building resilience and coping strategies
- Long-term support — recovery is not a one-time intervention
Support resources for children & families
NSPCC
0808 800 5000Child protection advice and support. Also: Childline 0800 1111 (for children, free 24/7).
nspcc.org.uk →Women’s Aid — The Hideout
0808 2000 247Support for women and children. The Hideout is Women’s Aid’s dedicated online resource for children.
thehideout.org.uk →YoungMinds
0808 802 5544Children’s mental health support. Parent helpline available. Specialist advice on children’s mental health in the context of trauma.
youngminds.org.uk →Family Rights Group
0808 801 0366Advice for families involved in the child welfare system — including where children’s services are involved.
frg.org.uk →Barnardo’s
Support services for vulnerable children and families. Local services available across the UK.
barnardos.org.uk →Place2Be
Mental health support in schools. Provides in-school counselling and mental health services for children affected by trauma.
place2be.org.uk →SafeLives — Operation Encompass
Information on Operation Encompass — the scheme where police notify schools after a DA incident involving children.
operationencompass.org →Childline
0800 1111Free, confidential support for children and young people. Available 24/7. Online chat also available.
childline.org.uk →Refuge
0808 2000 247Accommodation and support for women and children fleeing domestic abuse.
refuge.org.uk →Family Court Forms Guide
A simple guide to FL401, C100, C1A, C8 and key family court applications
The family court uses specific forms for different applications. Knowing which form to use — and when — is essential. You do not need a solicitor to apply, though legal advice is strongly recommended where available.
FL401 — Non-Molestation & Occupation Orders
Used to apply for a Non-Molestation Order (to stop the abuser contacting or threatening you) or an Occupation Order (regulating who lives in the family home). Can be applied for urgently without the other person being told in advance.
- Can be made “without notice” in urgent cases — same day if necessary
- Legal aid is available for FL401 applications in domestic abuse cases
- Breaching a Non-Molestation Order is a criminal offence
C100 — Child Arrangements Application
Used to apply for a Child Arrangements Order (where a child lives and who they spend time with), a Specific Issue Order, or a Prohibited Steps Order. Must be accompanied by a C1A if there are safety concerns.
- From June 2024: DA victims no longer required to attend MIAM before applying
- Always complete C1A alongside C100 where domestic abuse is a factor
- Cafcass will conduct automatic safeguarding checks on receipt
C1A — Allegations of Harm & Domestic Violence
Completed alongside C100 where there are allegations of domestic abuse, harm to children, or risk of harm. Sets out the nature of the abuse, its impact on you and the children, and any orders previously made.
- Must be completed wherever domestic abuse is alleged — do not skip this form
- Use your own words to describe the abuse — be specific and factual
- Cafcass will see this form and it informs their safeguarding checks
C8 — Confidential Contact Details
Used to keep your address and contact details confidential from the other party in court proceedings. Critically important in domestic abuse cases where the abuser must not be able to find where you or your children are living.
- Submit C8 at the same time as your C100 or FL401 application
- Your confidential details are held by the court only — not shared with the other party
- Essential if you have moved to escape abuse — always file this form
Important: You can access all family court forms for free at gov.uk/government/collections/court-and-tribunal-forms. Legal aid is available for many DA-related family court applications — find a legal aid solicitor at find-legal-advice.justice.gov.uk.
Comprehensive UK Domestic Abuse Protection Guide
The full NAAVoices UK guide covers all legal protections, court orders, support services, and victim rights in one place — including the Victims’ Code, all protective orders explained, Home Office guidance, court support measures, specialist support, and children and family protections.
The guide covers:
- Your fundamental rights under the Victims’ Code
- All UK protective orders explained — Non-Molestation, Occupation, Restraining, DVPOs, DAPOs, SPOs
- Key legislation including Domestic Abuse Act 2021
- Home Office guidance on coercive control and stalking
Also includes:
- Court support measures for vulnerable witnesses
- Specialist support services and how to access them
- Children’s protections and family court guidance
- Important: you don’t need to have reported to police to access most support
From the Founder
From the Founder
Personal writing from Amy Royle — survival, recovery, neurodiversity, parenting through trauma, advocacy, and the journey that built NAAVoices.
All resources by NAAVoices.com — ⚖ DA & Neurodiversity — Understanding the Risks, Barriers & Support ⚠ Police Misconduct & Victim BlamingYour Pain, Your Voice, Your Life Matters — NAAVoices