Moved by
Baroness Jones of Moulsecoomb
42: After Clause 64, insert the following new Clause—
“Proceedings under the Children Act 1989
(1) Part I of the Children Act 1989 is amended as follows.
(2) In section 1 (welfare of the child) after subsection (2B) insert—
“(2C) Subsection (2A) shall not apply in relation to a parent where there has been domestic abuse which has affected the child or other parent.
(2D) Evidence of domestic abuse may be provided in one or more of the forms accepted as evidence for legal aid, as per guidance issued by the Ministry of Justice.”
(3) Part II of the Children Act 1989 is amended as follows.
(4) In section 9 (restrictions on making section 8 orders) after subsection (7) insert—
“(8) No court shall make a section 8 order for a child to spend unsupervised time with or have unsupervised contact with a parent who is—
(a) awaiting trial, or on bail for, a domestic abuse offence;
(b) involved in ongoing criminal proceedings for a domestic abuse offence;
(c) is pending a fact finding hearing or has been found to have committed domestic abuse in a previous fact-finding hearing; or
(d) has a criminal conviction for a domestic abuse offence.
(8A) In subsection (8)—
“unsupervised” means where a court approved third party is not present at all times during contact with the parent to ensure the physical safety and emotional wellbeing of a child;
“domestic abuse offence” means an offence which the Crown Prosecution Service alleges to have involved domestic abuse.””
Member’s explanatory statement
This amendment seeks to prevent domestic abusers from being granted unsupervised contact with children in family law proceedings.