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Referral to Children’s Reporter
If the police are called to a domestic abuse incident and there are children in the household they will automatically refer the children to the social work department. They may also be referred to the Children’s Reporter (see section 11).

Leaving a violent partner
If you leave a violent partner, it may not be possible for you to get away with all the children. But be aware that this may make it difficult for you to get the children back later. You and your children are entitled to safe temporary and permanent accommodation (see section 3). You may get help to pay travel costs so your children can continue to go to their usual school.

Residence and contact after separation
If you have children, they are most likely to live with you after you leave a violent partner. They may want to continue to see him and vice versa. It may be possible to make an arrangement that you all feel comfortable with.

However, if there is conflict, it may be necessary to go to court to decide who the children will live with (residence) and how often they will see the other parent (contact).

Your ex-partner may go to court to get residence (custody) or contact (access). The key point in law is what meets the best needs of the children. Only children over 12 have the right to be consulted by the court. The law says that domestic abuse has to be taken into account when arranging contact with children.

If the court agrees to award residence or allow a father contact with children, you must cooperate with the court. Get advice from a solicitor about appealing court decisions (see section 7).

Be aware that abuse can continue after separation. Your ex-partner may use contact with the children as a way of maintaining control over you and the children. If your partner continues to abuse you after a court order giving him contact, you can ask a solicitor to apply for a Child Welfare Hearing.

Family Mediation (see section 12) can help to arrange venues for contact and can make arrangements to ensure your and your children’s safety. Speak to a solictor about this (see section 7).

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