Domestic abuse is everyday business in the Family Court
Our research found domestic abuse present in almost 90% of cases the Commissioner’s office reviewed and observed across three court sites.
Despite this prevalence, the family justice system has not consistently treated domestic abuse with the seriousness it demands – putting survivors and children at risk and allowing perpetrators to continue their abuse, including within proceedings.
The Family Court process is failing victims and survivors, including children
The minimisation of domestic abuse in the Family Court has contributed to a pro-contact culture which has put countless adult and child victims at risk of harm.
Survivors repeatedly contact the Commissioner and share stories of re-traumatisation by the Family Court process, which is often stressful, costly and protracted.
Many describe:
- feeling discouraged from raising abuse concerns.
- pressure to agree to unsafe child contact arrangements.
- fear that their experiences will not be believed.
Survivors also relay that even when abuse is believed, the impact of it is minimised – one judge was observed saying ‘the abuse was to you, not the children’, and ordering contact between perpetrators and children. The same contact allows perpetrators ongoing access to adult survivors as co-parenting is still encouraged between survivor and abuser.
At the same time, high thresholds and complex application processes for legal aid means many survivors must navigate this complex process alone, advocating for themselves at a time when they should have specialist support in place to ensure the safest outcomes for them and their children.
What the Domestic Abuse Commissioner is calling for
The Family Court must recognise the serious impact domestic abuse has on adult and child victims.
While there have been some recent improvements to how the Family Court protects people experiencing domestic abuse, including the national rollout of Child Focused Courts and the removal of the presumption of parental contact.
There is still so much more to be done to ensure victims and survivors are truly protected and supported.
The Commissioner is calling for:
- Continued independent oversight to drive accountability for improving practice and culture in all family justice agencies. The Commissioner will be conducting an evaluation of the rollout of Child Focused Courts, ensuring the model is delivering on its mission to improve victims and survivors’ experiences.
- Children’s voices to be heard as part of proceedings, with their wants and needs taken seriously when decisions are being made about their safety and future.
- Better support for survivors in Family Court, including greater availability of the long-term specialist support services people tell the Commissioner they wanted during proceedings.
- Training for judges and other court staff to recognise the dynamics of domestic abuse and coercive control, and how this should be considered when making decisions.
Find out more
Learn more about the Commissioner’s work to improve the Family Court’s response to domestic abuse.