Our report brings together the experiences of more than 100 survivors, children and professionals and sets out what needs to change to make Family Court proceedings safer for families impacted by domestic abuse.
The experiences of survivors in Family Court are receiving national attention following a recent Sky News investigation, which includes accounts of people taking desperate measures in an attempt to protect their children.
For many survivors, the Family Court can be an essential part of keeping children safe. But our research shows that for some families, the court process itself can become a source of fear, stress and continued harm.
Our report, Family Court Domestic Abuse: A Review of Domestic Abuse & Private Law Proceedings, examines the experiences of survivors and children navigating private law proceedings where domestic abuse is a factor.
Our research found that domestic abuse is not always consistently recognised or understood within Family Court proceedings.
Among the survivors who contributed:
- Only 27% (1 in4) felt their court orders kept themselves and their children safe.
- 63% disagreed that safety and risk had been carefully assessed.
- 73% felt professionals did not understand domestic abuse.
- 77% said professionals did not understand coercive control.
These findings are particularly concerning because domestic abuse does not necessarily end when a relationship ends. For some survivors, repeated applications, disputes about contact and ongoing court proceedings can provide further opportunities for abuse and control.
One young person who contributed to our research asked:
“How can a parent’s right to see a child matter more than a child’s safety?”
That question goes to the heart of what needs to change.
Our report found that children’s experiences and views are not always adequately heard or understood.
Almost half of the survivors who responded disagreed that Cafcass had listened to their children. Young people described feeling unheard, pressured and, in some cases, frightened about what might happen.
There are promising developments, including Child Focused Courts and changes to Cafcass guidance. However, our research suggests that good practice is still inconsistent and can depend on where a case is heard and the professionals involved.
A safe Family Court system should not depend on families being fortunate enough to encounter the right professional or the right court.
Our report sets out three priority recommendations.
1. Invest in specialist domestic abuse support
Survivors and children need access to specialist support throughout Family Court proceedings. This should include consistent national standards, support within court settings and sustainable, multi-year funding.
2. Repeal the presumption of parental involvement
We welcome the Government’s announcement of its intention to repeal the statutory presumption of parental involvement.
Our report calls for a clear timetable for this change, alongside interim guidance to ensure safety is prioritised while the legislation remains in place.
3. Make domestic abuse training mandatory and accountable
Everyone working within the Family Court system should have appropriate, role-specific training on domestic abuse, coercive control, post-separation abuse and trauma.
This training should be transparent, regularly updated and subject to independent oversight and quality assurance.
We’re taking the findings to Parliament
On 27 October, we will bring the findings of our report to Parliament, sharing evidence from our research with MPs and key stakeholders.
The event will provide an opportunity to look at what is happening in Family Courts now, hear directly about the experiences behind the evidence and discuss the changes needed to make proceedings safer for survivors and children.
The experiences highlighted by Sky News and the evidence gathered through our own research point to a wider issue that needs sustained attention.
We need a Family Court system that recognises domestic abuse, understands coercive control, listens to children and puts safety at the centre of decision making.
We will continue to work with survivors, professionals, policymakers and partners to push for a Family Court system that protects children and supports victim-survivors rather than creating further opportunities for harm.
