# DV Screening and Safeguarding in Family Court Cases

*Last reviewed: 31 August 2026. Informational only — not legal advice.*

## Why domestic abuse matters in child cases

Family courts must apply Practice Direction 12J of the Family Procedure Rules whenever domestic abuse is alleged in a case about children. Allegations trigger specific safeguards, and correctly raising them affects everything from the MIAM exemption to whether contact happens at all.

## The DV screening guide: what gets checked

Before the first hearing, Cafcass (or CAFCASS Cymru) screens every party:

- **Police checks** via the Police National Computer — arrests, convictions, callouts, and intelligence.
- **Local authority checks** — any social care history involving you or the child.
- **A safeguarding conversation** with each party, which includes direct questions about domestic abuse, violence, substance misuse, and mental health.

If concerns are found, the safeguarding letter flags them to the judge and may recommend safety measures (separate waiting rooms, staggered hearing times, remote attendance) or a **fact-finding hearing**.

## Raising DV in your application or response

- Disclose it factually and specifically: dates, incidents, injuries, police references, medical records, messages.
- Attach supporting evidence: non-molestation orders, police incident numbers, GP/hospital records, witness statements, texts/emails.
- Request safety measures at the hearing (separate entrance/waiting room, video link).
- Ask the court to consider a **fact-finding hearing** if allegations are disputed and material to the outcome.

## Domestic abuse and the MIAM exemption

You do not need to attend a mediation meeting if you are exempt. Exemptions relevant to DV include:

- A conviction, caution, police information, or ongoing criminal proceedings for a DV offence against you
- A protective injunction (non-molestation or occupation order) in force
- A letter from a DV support organisation confirming you have support (e.g. refuge, IDVA)
- Evidence from a health professional, or a domestic violence protection order/notice

Fill in **Part G of the C100** to claim the exemption and keep evidence — the court can refuse the application if the exemption is not properly evidenced. Note: the C100 applicant fee is waived for parents, but mediation rules apply equally to respondents considering a cross-application.

## Practice Direction 12J in plain terms

- The court assumes a fact-finding hearing is needed when allegations are disputed, unless the parties' evidence on DV is agreed or it is not relevant to welfare.
- The court will consider whether contact is safe and in the child's interests; **the presumption of parental involvement does not apply where it would put the child or other parent at risk of harm**.
- Alleged victims are not expected to attend conciliation discussions in the same room as the alleged perpetrator.
- Controlling, coercive or threatening behaviour — including economic abuse — counts as domestic abuse, not just physical violence.

## Safety planning while the case is ongoing

- Keep copies of evidence somewhere the other party cannot access.
- Use solicitors' letters, a DV charity, or the police for urgent protection (non-molestation orders can be applied for alongside the child case).
- Tell the court and Cafcass immediately if you feel threatened during proceedings — courts can issue protective directions at any time.

## Related guides

- [Applying for a C100](applying-for-child-arrangements-order.md)
- [Responding to a C100](responding-to-child-arrangements-application.md)
- [Cafcass reports explained](cafcass-reports-explained.md)
- [Legal aid in family law](legal-aid-family-law.md)

*Sources: FPR 2010 PD12J; Children Act 1989; Cafcass safeguarding framework. Legal positions and guidance change — verify current practice directions.*