Domestic abuse commissioner criticises antiquated views in family court hearings

The domestic abuse commissioner has criticised “antiquated views” in the courts system which she said are contributing to decisions which put children in harm’s way.

Dame Nicole Jacobs said there remains an assumption that parental contact is the right approach even in cases where domestic abuse is present.

Research for her office, led by academics at Loughborough University, found that despite the majority of hearings and case files they reviewed having evidence of abuse, in many of them this issue was not considered when it came to the type of child contact ordered by the court.

Unsupervised overnight contact was ordered in a number of cases, including those where there was evidence of domestic abuse, the commissioner’s office said.

Dame Nicole said: “For too long now the Family Court has failed to adequately rise to the challenge of recognising domestic abuse within its proceedings and take sufficient steps to address the serious impact this is having on adult and child victims.

“No child should be forced to spend time with an abusive parent or caregiver if the circumstances aren’t safe for them to do so. But time and time again we see how the pro-contact culture and antiquated views on domestic abuse are contributing to decisions that put children in harm’s way. This must stop.

“It’s clear that domestic abuse can no longer be considered a side issue within the family justice system but instead it’s everyday business that demands a rigorous response.”

A pilot known as pathfinder – aimed at improving the court experience for children and parents involved by trialling a more investigative, problem-solving approach which better supports victims of domestic abuse and other forms of harm – was established in 2022 and has since expanded to other areas of the country.

The commissioner said ministers must commit to a “fully-funded national rollout of Pathfinder Courts and the removal of the presumption of parental contact to ensure decisions are taken in the best interest of children”.

Dame Nicole added: “The Government must also provide the necessary investment to extend the pilot study conducted by my office, to allow for rigorous oversight on the changes being made and ensure accountability from within the Family Court. Tinkering around the edges will no longer suffice.”

The research was based on a study across three family court sites which reviewed almost 300 child arrangement case files, live observations of nearly 100 case hearings, focus groups with domestic abuse survivors and interviews with judges, magistrates and officers from the Children and Family Court Advisory and Support Service (Cafcass).

The commissioner found evidence of abuse within 73% of hearings and in 87% of the case files it reviewed.

The commissioner said abuse survivors had described how they were dissuaded from raising allegations of domestic abuse because of the suggestion it would have little or no impact on whether the abusive parent would be granted contact by the court, while others told how they felt pressured into accepting potentially unsafe child arrangement orders.

Professor Mandy Burton, from Loughborough University, said: “This new research demonstrates that responding appropriately to domestic abuse, particularly coercive and controlling behaviour, continues to be challenging for the family justice system, exposing victims to risk of continuing harm.

“For the first time, the research identifies the scale of the risk, showing conclusively that domestic abuse is the ‘everyday business’ of the family courts.”

Professor Rosemary Hunter, from Loughborough University, said: “It is imperative that the review mechanism piloted in this study be continued, in order to maintain accountability, track progress (including the progress made by Pathfinder courts) and disseminate good practices, so that professionals working in the family justice system can better protect children and adult survivors through safer processes and child arrangements orders.”

Baroness Levitt KC said: “The horrors that domestic abuse can bring on children are unspeakable, scarring them for life, and as a Government we want to do everything in our power to stop this epidemic.

“That’s why we’re improving family courts by helping families get the support they need faster, with our reformed model reducing case times by 11 weeks on average, and ensuring children’s voices are heard.

“This is about protecting children, standing up for victims, and making sure justice works for all those who need it.”