How Does Domestic Violence Affect Your Right To Keep Your Custody Rights?
January 26, 2023

As the victim of domestic violence, your personal safety is extremely important. But even if you decide to leave a toxic and abusive relationship, you may be concerned about facing challenges to your custody rights. Here, we explore how domestic violence can impact your right to keep your custody rights.

Protection For Victims

As a victim of domestic violence, both you and your children can seek protection from the legal system. You may not know this, especially if you need to escape an abusive situation quickly. However, if you need to leave your home for the safety of yourself and your dependents, then requesting an emergency protective order can work to preserve your safety at this time.

Abduction Accusations

Once you have received an emergency protective order, you will have custody of your children. This will also work as a restraining order against your partner. Make sure that the order covers custody, as without this you may risk an abduction accusation from your partner. Connecting with a shelter specialising in domestic violence victims can be useful during this time, as they will be able to put you in touch with legal aid and help with paperwork.

Your Child’s Best Interests

Custody is complex, and if you are not married or in a civil partnership, this becomes more complicated. A custody plan will need to be created, and a judge will rule on any arrangements made. This is true for both the short and long term and will be a carefully considered decision based on what is best for your child or children.

Difficulties With Visitation

As you create a long-term custody plan, it is worth considering that having a violent relationship will make this especially difficult. It may be necessary to involve non-partisan professionals to ensure that everyone is safe during these times.

Legal Assistance

While support from a domestic violence shelter can come at little to no cost, courts can also be relied upon for legal support. You may be able to find help from a local courtroom when it comes to accessing clear restrictive order information and guidance.

Divorce Solicitors Near Me

Leaving a relationship as a victim of domestic violence is even more challenging for those with children, and you need the best possible support. During this difficult time, let Bowsers Solicitors provide help and guidance on your rights, and the best possible plan going forward. Get in touch to discuss your situation in more detail and see how we could support you.

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