Domestic abuse: No Contact

It is very rare for the Family Courts to order that a child should have no contact at all with a parent. The Courts have repeatedly emphasised that it is almost always in a child’s best interests to have an active relationship with both parents, and that contact should only be terminated in exceptional circumstances where there is no realistic alternative.

This makes the recent decision in the recent case Re CX (No. 2) (Domestic abuse: No Contact) [2026] EWFC 230 particularly noteworthy.

CX was six years old and had a loving relationship with her father. The evidence showed that she enjoyed seeing him and that their contact was positive. Mr Justice Garrido found that, within the restrictions under which he had been parenting, the father had demonstrated that he was very much able to meet CX’s needs and contribute positively to her development.

The problem was not that CX was at risk of being directly abused by her father. Instead, the risk to her arose indirectly through the effect the contact had on her mother.

There had previously been findings of extreme emotional and psychological abuse by the father towards the mother. As a result, the mother suffered from complex PTSD. Expert psychological evidence established that continuing contact arrangements acted as a trigger for her condition and would prevent her from recovering.

Without effective treatment and recovery, there was concern that the mother’s mental health would eventually deteriorate to the point where she could no longer provide CX with the high standard of care she had always provided. The Judge described the potential consequences for CX of losing the care of what the he called her “primary attachment figure” as potentially “catastrophic”.

The Court therefore faced two harmful options. Stopping contact would no doubt cause CX emotional harm. She was likely to experience distress, confusion and feelings of abandonment. However, continuing contact created a risk of much more serious and ultimately unmanageable harm if her mother’s health deteriorated.

Having considered the alternatives, the Judge concluded that no form of continuing contact was compatible with the mother’s recovery. Immediate cessation was therefore the only way to protect CX’s medium and long-term welfare.

Importantly, the intention was not to end the father-daughter relationship forever. The mother’s treatment was expected to take around three years, and the Court prevented the father from making further applications without permission during that period. The Judge hoped that successful treatment for the mother, alongside further work by the father, could ultimately allow their relationship to progress on a less restrictive basis.

If you have experienced domestic abuse and are concerned about the impact on your children or child arrangements, contact Loose Legal for confidential, practical advice at office@looselegal.co.uk.

Written by Peter West Family Law Solicitor Loose Legal.