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The statutory role of your Family Court Adviser (FCA) is to safeguard the welfare of the child and to advise the court about their welfare and best interests. Domestic abuse is identified as a risk in a significant proportion of our private and public law cases. 

It is your FCA’s role to listen to children and adults who have experienced domestic abuse, to assess the harm or risk of further harm to them from that abuse, and to accurately record and share with the court what they have been told in the child or adult victim’s own words. This will include your FCA making recommendations to court about the further risk of harm to the child should they live with or spend time with a domestically abusive parent or carer.

Definition of domestic abuse

We use the definition of domestic abuse as set [RD1] out in the Domestic Abuse Act 2021, where behaviour is considered abusive if it consists of any of the following. This is regardless of whether it consists of a single incident or a course of conduct: 

  • (a) physical or sexual abuse;
  • (b) violent or threatening behaviour;
  • (c) controlling or coercive behaviour;
  • (d) economic abuse;
  • (e) psychological, emotional or other abuse. 

Domestic abuse and children

Cafcass recognises children as victims of domestic abuse. This is in line with the Domestic Abuse Act which sets out that a child is a victim of domestic abuse if they see, hear, or experience the effects of domestic abuse and are related to, or cared for by an adult with parental responsibility who is the person being abused or the perpetrator of the abuse. 

We know from our own extensive experience of what children tell us and from research that children are harmed by living with domestic abuse. The harm to children from domestic abuse can cause emotional and behavioural difficulties and physical symptoms associated with trauma and post-traumatic stress. The harm caused to a child from domestic abuse will be the focus of the FCA’s assessment of their welfare and best interests. 

How we assess domestic abuse

Cafcass’ Domestic Abuse Practice Policy (published in October 2024) sets out the actions that Cafcass practitioners and managers must undertake when working with children and adults who have experienced domestic abuse. 

If the family court has asked us to prepare a report where domestic abuse has been identified as a risk to the welfare of the child, your FCA will provide an assessment to the court that will focus on the harm the child has experienced as a result of domestic abuse and the risk of further harm. Under the policy, FCAs are required to:

  • First consider the safety of your child/ren at the time of application where any concerns need to be actioned in accordance with the Cafcass Child Safeguarding Policy.
  • Be specific about abusive behaviours and the harm they have caused your child/ren and family.
  • Use yours and your child’s own words to describe what they have said has happened.
  • Clearly set out your child’s experiences, views, wishes and feelings. If they are too young or have additional needs, their perspective and the impact on them of harm that has already happened or the risk of further harm must still be clear to the court, including as described by other adults and professionals who know them in line with Cafcass’ policy and guidance on engaging with partners, grandparents, wider family members and professionals.

Every FCA receives mandatory domestic abuse training and is trained to use a structured framework for assessing children’s cases where there is domestic abuse, being Cafcass’ Domestic abuse practice pathway and guidance. The practice pathway signposts to domestic abuse national helplines and resources.