Family court's approach to domestic abuse

Family court's approach to domestic abuse

The court stated family courts would be ‘fundamentally wrong’ to be drawn into analysis of factual evidence in proceedings relating to the welfare of children based on criminal law concepts.

The Court of Appeal has handed down judgment in a groundbreaking case including four linked appeals, which is expected to inform the way family courts treat allegations of domestic abuse. This also includes coercive and controlling behaviour.

Sir Andrew McFarlane, president of the family division, Lady Justice King and Lord Justice Holroyde are hearing four linked appeals related to family proceedings. All the appeals involve the welfare of children. The exercise last took place twenty years ago, considering the approach to domestic abuse in child contact cases.

The Law Gazette article on this issue can be accessed through this link.