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Family Justice

: May I point to a further difficulty that occurs in such cases, which the risk assessment would have to consider? When the breakdown has been attended by a degree of low-level violence, possibly involving both partners, that is of no threat to the children and the children have never seen it let alone been the victims of it, such an assessment is difficult to make. However, if we do not make it, we create a presumption that if the slightest element of violence has ever occurred between the two parties, one party can never see the children again. That cannot be a reasonable conclusion in all cases.