Restoring a Father’s Role Through Shared Care Following Disputed Allegations

The Client

Mr J came to us following the breakdown of a long relationship with the children’s mother, Ms E. They shared parental responsibility for their two children, A and B, but after the separation his time with them became increasingly limited.

He was deeply concerned that the relationship with his children was being eroded. He wanted a clear and stable arrangement in place, not only to protect his time with them, but also to avoid ongoing uncertainty and conflict.

The Father’s Concerns

The main difficulty was that Ms E had raised allegations of emotional and physical domestic abuse and relied on those allegations as the basis for restricting contact.

That meant the matter was unlikely to progress in a straightforward way. Before the court could consider longer-term arrangements for the children, it was clear that the allegations would need to be addressed properly. Mr J needed a formal Child Arrangements Order that would provide structure, certainty and a fair basis for his continued involvement in the children’s lives.

As always in these cases, the children’s welfare remained the court’s paramount consideration.

Allegations Raised by the Mother

This was not simply a dispute about dates and times for contact. The allegations made against the father created a serious obstacle and made it likely that the court would direct a fact-finding hearing before any meaningful progression could take place.

There was also the emotional pressure that often comes with this type of case. Mr J was worried not only about the immediate loss of time with his children, but also about the longer-term impact if matters were left unresolved. It was important to deal with the allegations carefully, present the evidence clearly, and keep the focus on what arrangement would best support the children moving forward.

My Approach

I took a practical and steady approach from the outset. My priority was to help Mr J feel informed and supported while ensuring the court had the clearest possible picture of the situation.

I prepared and submitted a C100 application seeking a Child Arrangements Order together with interim contact. Safeguarding checks were then carried out by CAFCASS. Those checks confirmed that there were no criminal investigations and also recorded that the children missed their father, which was an important part of the overall picture.

Once the court indicated that a fact-finding hearing would be necessary, I focused on evidential preparation. I reviewed the allegations in detail and worked carefully through the available material, including messages, witness evidence and school observations. The aim was to address inconsistencies in the mother’s account and ensure the father’s position was presented clearly, calmly and with proper supporting evidence.

Throughout the case, I kept the client updated on each stage, explained what the court process would involve, and made sure he understood both the immediate steps and the wider strategy. In cases like this, clear communication matters a great deal because uncertainty can be just as difficult for a parent as the proceedings themselves.

Outcome

At the fact-finding hearing, the court concluded that some of the allegations were not proven. The single argument that was established did not amount to domestic abuse. The judge was satisfied that the father did not pose a risk to the children and made clear that restoring and supporting a full, positive relationship between them was important.

A later Section 7 report prepared by CAFCASS recommended shared care, noting the strong and positive relationship between Mr J and the children.

At the final hearing, the court made a Child Arrangements Order providing that the children would live with their mother while spending substantial time with their father. The arrangements included alternate weekends from Friday to Monday, one midweek overnight stay each week, half of all school holidays, and alternating Christmases and birthdays. Handover at school was also ordered to reduce conflict between the parents, together with ongoing indirect contact by telephone or video call.

Reflection

This was a case where careful preparation and clear evidence made a real difference. I was pleased to help secure an arrangement that recognised the father’s important role in his children’s lives and gave the family a more stable framework for the future.

Comment from Daniel Knox

“Cases involving children can become very difficult when allegations are raised, particularly where a parent feels their relationship with their children is slipping away. What mattered here was careful preparation, clear evidence and keeping the focus where it belonged, on the children’s welfare and the importance of a safe, meaningful relationship with both parents.” – Daniel Knox, Family Law Solicitor, Clifford Johnston & Co.

Clifford Johnston & Co supports clients with clear, practical and sensitive legal advice across a wide range of family and private client matters. Our Family Law Solicitors and Child Arrangement Order Solicitors provide steady guidance, clear communication and the reassurance clients need throughout what can often be a very stressful process.