Nearly nine in ten family court cases in England and Wales contain evidence of domestic abuse, according to a review ordered by the Domestic Abuse Commissioner, Nicole Jacobs. The study, conducted by academics at Loughborough University, examined 298 case files and observed nearly 100 hearings, uncovering physical, psychological or sexual abuse in 87% of cases.
Jacobs said the abuse was frequently not treated as an 'active issue' when deciding child contact arrangements, leading to unsafe outcomes. In over half of the cases reviewed, unsupervised overnight contact was ordered, raising concerns that a 'pro-contact culture' is prioritising parental access over child safety. 'No child should be forced to spend time with an abusive parent if circumstances aren’t safe,' she said.
The report also found that survivors were often discouraged from raising abuse allegations, with some told it would have 'no impact' on contact decisions. Many felt pressured to accept potentially unsafe arrangements out of fear of worse outcomes if they contested. Jacobs urged the Ministry of Justice to expand the Pathfinder court pilot, which aims to resolve disputes faster and prioritise children's voices.
A Ministry of Justice spokesperson said the government is committed to improving family courts, noting that a reformed model has reduced case times by 11 weeks on average. 'This is about protecting children and standing up for victims,' they added. The report also highlighted that coercive control is often dismissed by legal professionals, despite being an offence.
