Case Study: Child Arrangements & Domestic Violence Allegations
Overview
Naheed Taj and her legal team represented Mr P in a highly contested Children Act proceeding. The case involved serious allegations of domestic violence made by W against F, leading to restricted supervised contact.
Key Legal Challenges
1. Allegations of Domestic Violence: W made significant claims of abuse, leading F to file a C100 and C1A application in September 2020.
2. Delays Due to COVID-19: Court backlogs prolonged proceedings, allowing W to restrict F’s contact with the children.
3. Fact-Finding Hearing: Critical in determining the validity of allegations from both parties.
Legal Strategy & Outcome
- March 2022 Fact-Finding Hearing: The judge found no allegations against F to be proven but determined that all allegations against W were substantiated.
- Legal steps are now being taken for the return of the children to their family home.
Applicable
Legislation
- Children Act 1989 – Governing child arrangements and welfare considerations.
- Domestic Abuse Act 2021 – Relevant to allegations of domestic violence.
- Human Rights Act 1998 – Protecting parental rights in family law matters.
Significance & Impact
With a £2 million deal value, this case underscores the importance of fact-finding hearings in parental disputes and demonstrates how false allegations can impact parent-child relationships.
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