This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on protecting children from coercive control in child arrangements cases in England and Wales, explaining legal definitions, risk assessment, Practice Direction 12J, fact‑finding hearings, protective orders and practical steps to safeguard child welfare.
Coercive control is a recognised form of domestic abuse that encompasses patterns of behaviour intended to dominate, isolate, intimidate or undermine another person, often without physical violence. In family law, particularly where child arrangements (formerly known as custody) are disputed, coercive control can have profound implications for a child's safety, emotional wellbeing and future relationships. Courts in England and Wales must identify and respond to coercive control when deciding where a child should live and how they should spend time with each parent. The overriding legal principle is that the welfare of the child must be the court's paramount consideration when making decisions under the Children Act 1989. This article explains how coercive control is understood in law, how family courts assess it, what legal processes and protections exist, and practical steps for parents and carers.
What Is Coercive Control?
Coercive control involves a pattern of threatening, humiliating, or intimidating behaviour designed to make a person subordinate and dependent. It can include isolating someone from support, monitoring and restricting their day‑to‑day activities, exploiting their resources, or regulating everyday behaviour. Domestic abuse - including coercive or controlling behaviour - is defined in the Domestic Abuse Act 2021, and the law recognises that a child can be a victim by seeing, hearing, or experiencing the effects of abuse between adults.
Children may suffer direct harm from coercive control: through psychological trauma, stress, fear, and long‑term effects on development. They may also be indirectly harmed when a parent's ability to care for them effectively is compromised by the abuse they have experienced.
How Family Courts Treat Coercive Control
Practice Direction 12J: Domestic Abuse and Child Arrangements
Family courts follow Practice Direction 12J, which supplements the Family Procedure Rules. This guidance applies wherever an application is made about where a child should live or about contact between a child and a parent, and domestic abuse - including coercive control - is alleged or is reasonably believed to have occurred. The direction emphasises that:
- Domestic abuse must be identified at the earliest stage of proceedings. The court should examine the nature of the abuse and how it may affect the child's welfare.
- Fact‑finding hearings may be necessary where abuse is disputed so that the court can establish facts before making child arrangements decisions.
- Courts should be cautious about making interim orders (such as contact) before facts are established, unless it is safe for the child and the non‑resident parent carer.
- Any order that allows time with a parent who has perpetrated coercive control must ensure that physical and emotional safety can be secured before, during, and after contact.
These measures are designed to ensure that coercive control is not overlooked and that child arrangements do not inadvertently continue or facilitate harmful behaviour.
Assessing Risk and Welfare
When coercive control or other forms of domestic abuse are present, the court uses the welfare checklist under the Children Act 1989 to assess what arrangements serve the child's best interests. Key factors include:
- The child's physical and emotional needs
- The likely effect of any change in circumstances
- The capacity of each parent to meet the child's needs
- Evidence of past harm or risk of harm, including non‑physical abuse
Practice Direction 12J requires the court to consider whether the parent alleging abuse is motivated by the child's interests or whether allegations are part of a pattern of control. It also directs the court to consider the effect of the abuse on the child and each parent, and whether future contact could expose either to further harm.
Protective Orders and Legal Tools
Section 91(14) Orders
Under section 91(14) of the Children Act 1989, the court can make an order preventing a person from making future applications under the Children Act without leave of the court. This is known as a section 91(14) order and is designed to stop the misuse of legal processes as a tool of coercive control. The court can make such an order on its own motion or upon application. It's appropriate where repeated or vexatious applications serve to harass, intimidate, or continue a pattern of controlling behaviour towards a victim or child.
Supervised and Indirect Contact
Where a court determines that contact may be safe and beneficial for the child but coercive control has been identified, it can attach conditions or directions to protect welfare. This can include:
- Supervised contact, where time with the non‑resident parent occurs in a controlled environment
- Indirect contact, such as video or telephone calls, where direct contact is unsafe
The court must also consider if direct contact is inappropriate and whether indirect contact promotes the child's best interests without exposing them to harm.
Practical Steps in Cases Involving Coercive Control
Early Identification and Evidence
Parents or representatives should ensure that any pattern of coercive control is clearly recorded and made known to the court at the earliest opportunity. This can include:
- Documenting incidents, dates, and behaviours
- Providing witness statements or professional reports
- Referring to police records or safeguarding reports
Clear evidence assists the court in distinguishing between genuine safety concerns and unfounded allegations.
Fact‑Finding and Expert Reports
Where control and abuse are contested, a fact‑finding hearing can establish the factual basis for court decisions. Additionally, the court may direct a Section 7 report from Cafcass (Children and Family Court Advisory and Support Service), which includes risk assessments and welfare recommendations.
Safeguarding During Proceedings
Where there are concerns about coercive control, the court may make interim arrangements to protect the child's safety while proceedings continue. This can include supervised contact or remaining with the primary carer.
Challenges and Reforms
Recent reviews and advocacy have highlighted concerns that family courts historically placed undue emphasis on parental contact, even where coercive control existed. In 2025, the UK government moved to remove the presumption that children benefit from contact with both parents where safety is at issue, aiming to prioritise child wellbeing over automatic shared contact. Advocates argue that this shift reflects better understanding of coercive control's harmful effects.
Specialist judicial training and trauma‑informed practice are also being promoted to ensure that coercive behaviour - particularly non‑physical forms - is properly understood and weighted in child arrangements decisions.
Common Questions
Does coercive control always prevent contact?
Not necessarily. Courts assess whether risk can be managed or mitigated. Where safety cannot be assured, contact may be limited, supervised, or ordered indirectly.
Can repeated court applications be part of coercive control?
Yes. A series of vexatious or harassing applications can constitute coercive control and may lead to a section 91(14) order being imposed to prevent misuse of legal processes.
Is evidence of coercive control needed for legal protection?
Courts consider all credible evidence. Documentary records, professional assessments, and police reports can strengthen the case that coercive control exists and poses a risk to the child or the other parent.
Key Takeaways
Protecting children from coercive control in custody (child arrangements) cases requires careful legal consideration of domestic abuse patterns, including non‑physical abuse. Family courts in England and Wales must identify coercive control early in proceedings and assess risks to both children and parents. Practice Direction 12J, the Children Act 1989 and related protections such as section 91(14) orders guide judicial decisions, emphasising child welfare above presumptions of parental involvement. Through risk assessment, fact‑finding hearings, expert reports and protective orders, courts aim to ensure that child arrangements do not facilitate further harm. Clear evidence, early intervention and professional support are essential to safeguarding children's wellbeing during and after family law proceedings.
