Court of Appeal guidance about domestic violence and family assistance orders in child arrangements proceedings

In Re P (Children) [2015] EWCA Civ 466, the Court of Appeal held that a first instance judge was entitled not to direct a fact-finding hearing in proceedings for a child arrangements order, despite the mother making allegations of rape against the father. The court, however, allowed the mother's appeal as the judge failed to consider historical domestic violence and give the local authority an opportunity to comment before making a family assistance order.