What's the point?

[HelenT2345]

I'm constantly seeing and told how abuse that happened to you makes absolutely no difference when it comes to a child arrangement order in court

So why is it asked and brought up so many times if it makes no difference?

For context been divorced for 4 year's, ex has now gone to court, he's the abusive one, always was, he started off no concerns now is coming up with all sorts of lies now he knows im not going through court covering his back in regards to his abuse, I don't want contact to be increased much because of his abuse which is still going on now but as post separation abuse.

But honestly what is the point? Did this make a difference to anyone's order in the end?

The court is primarily concerned with dc. Any allegations are seen in that context. The relationship between dad and dc is the main issue. Abuse feeds into that, of course, but dc do still have a father who is part of the equation. A goid solicitor takes you through it.

If a child is being abused that is very relevant and will be considered by the court. If a parent is being abused but not the child, that is not an automatic bar to contact. The courts will consider whether the evidence suggests that the child is at risk of harm and, if so, that will be an important factor which may prohibit or limit contact. However, the courts won't automatically believe a parent making allegations of abuse as, sadly, many false allegations are made in the family courts.

But he was always abusive yet he is now a father? So he now has a child so unless he is abusive to that that child of course he will get to see the child, fathers don't just dissapear because the mother wants them too

He is asking for more contact and you are saying no? How does his abuse impacts on how many days the children are with him?

I understand making a case of no contact if there is a risk that the abuse is also towards the children, but if contact is in place, increasing days is not going to make much a difference in terms of risk.