Domestic Abuse in the Family Court
A System Under Fire
A recent report published by the Domestic Abuse Commissioner this month, has exposed widespread failures in England’s family courts when handling domestic abuse cases, revealing that outdated attitudes and systemic dysfunction are putting children at serious risk. Not that we did not already know this, given the numerous articles over the years that have been written, but it does pull the information into one place and highlight the dreadfulness of the ongoing situation for so many people within the family courts.
Everyday Business: Addressing Domestic Abuse and Continuing Harm Through a Family Court Review and Reporting Mechanism is the report’s title and it can be read in full here.
The study analysed 297 case files and found that 87% contained evidence of domestic abuse. Yet, according to Domestic Abuse Commissioner, Dame Nicole Jacobs, such abuse is often dismissed or minimised during decisions about child contact. In my view, it is not just minimising abuse, it is outright ignoring it: 87%?
One has to question the impact such a high figure has on society as a whole, and as a devastating impact to those who go to court hoping for fairness and justice, and end up having their legitimate concerns brushed aside, when the court is tasked with making decisions that affect the most important people (the children) in the litigants’ lives.
No.53 Legal’s own experience is that abuse considered ‘low level’ or not impacting the child arrangements is frequently dismissed by magistrates and judges, and more serious abuse is frequently minimised as being of ‘low level’ in order that the predetermined ‘the child must have contact with both parents’ is maintained.
It is clear to us, when a party is represented, they have far more chance of their issues being properly examined than when they are litigants in person, but only when their advocate is capable of putting that case forward accurately and determinedly. The lack of robust advocacy and representation in the family court is a damning result of the lack of legal aid following LASPO.
‘Antiquated thinking’ is referred to in the report in relation to an outdated view of domestic abuse, and every single solicitor, barrister, legal executive, DVA support, or other professional that has been in court with victims of abuse, almost certainly could give anecdotal tales of that view.
Far too many judges and magistrates hold views that are damaging to the children long term. Many of them do not think of the long term effects of the orders they make. Far too many never, ever, get to hear of the results of the orders they make. There are no follow ups unless the parties re-apply to court in the future, and someone who has been traumatised by the family court’s decision making process is really not going to rush back to court if there are problems in the future. No feedback means they act in a vacuum.
But like other reports, or court judgments that found failings in the past, the question remains as to what effect this latest report will have on the reality for many in the Family Court.
Interesting key findings from the report:
The report includes a few scattered comments from parents who suffered during their court proceedings from the issues covered by the report, revealing how legal processes often re-traumatises victims. The comments can be a bit of a shocking read for those who don’t know what happens in family court, but everyone, especially litigants in person should try to make the effort to read the report in full to inform themselves. See link above.
Judicial Culture
The report criticises a “pro-contact culture” that prioritises parental access over child safety. Magistrates and judges admitted to relying on “he said, she said” narratives, with little scrutiny of abuse allegations.
Systemic Failures
Legal aid barriers, lack of representation, and inconsistent safeguarding checks were cited as compounding risks.
The study also found that coercive control was frequently disregarded, with physical violence taken more seriously. In over half the cases reviewed, courts ordered unsupervised overnight contact, even when abuse was evident.
Victims reported being pressured into accepting unsafe arrangements, fearing worse outcomes if they resisted. Many navigated the complex legal system without representation, struggling to access legal aid.
Reform
Domestic Abuse Commissioner Dame Nicole Jacobs urges immediate reform: she calls for accelerated implementation of the long-delayed Violence Against Women and Girls strategy, and for courts to treat domestic abuse as a central issue, not a side note.
The issues must be addressed. The question as always, is ‘when?‘
No.53 Legal Limited, 16th October 2025