Care of Children Act 2004

61 Matters relevant to question in section 60(4)

• In considering, for the purposes of section 60(4), whether a child will be safe if a violent party provides day-to-day care for, or has contact (other than supervised contact) with, the child, the court must, so far as is practicable, have regard to the following matters:

  • (a) the nature and seriousness of the violence used:

  • (b) how recently the violence occurred:

  • (c) the frequency of the violence:

  • (d) the likelihood of further violence occurring:

  • (e) the physical or emotional harm caused to the child by the violence:

  • (f) whether the other party to the proceedings—

    • (i) considers that the child will be safe while the violent party provides day-to-day care for, or has contact with, the child; and

    • (ii) consents to the violent party providing day-to-day care for, or having contact (other than supervised contact) with, the child:

  • (g) any views the child expresses on the matter (as required by section 6):

  • (h) any steps taken by the violent party to prevent further violence occurring:

  • (i) all other matters the court considers relevant.

  Compare: 1968 No 63 s 16B(5)