Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment has been made of the potential contribution of family court processes, including repeated proceedings and contact litigation, to ongoing harm for victims of domestic abuse and their children.

This Government recognises the impact that family court proceedings have on children and adult survivors of domestic abuse, which is why we are prioritising strong safeguarding and specialist support for those navigating the system.

The Government acknowledges that repeated court hearings can retraumatise adult and child victims of domestic abuse. The Pathfinder pilot was launched in Dorset and North Wales in February 2022 and has now been expanded to 10 court areas in England and Wales, which accounts for around a quarter of private law proceedings in England and Wales. Further expansion will be announced in due course. The Pathfinder model improves coordination between the family court and agencies, including local authorities and the police, particularly in cases involving domestic abuse. This approach reduces the number of cases returning to court, protecting children and families from further trauma.

By introducing a Child Impact Report early in the process and having a more investigative process, judges are enabled to assess risks thoroughly and make more sustainable orders. This child-centred, trauma-informed approach improves early risk identification, strengthens multiagency collaboration, and helps ensure that children’s voices are heard and that the psychological impact of contact arrangements is fully considered by the court.

This Government has taken steps to ensure that family court procedures more effectively identify and prevent patterns of coercive or controlling behaviour. Practice Direction 12 J has been amended to require courts to assess patterns of behaviour rather than isolated incidents, to modernise terminology, and to strengthen safeguards for vulnerable parties. Alongside this, section 91(14) orders, also referred to as “barring orders”, may be issued by the family court where further applications would put a child or adult, such as a victim of domestic abuse, at risk of harm, particularly where proceedings could be a form of continuing domestic abuse. Courts can issue a s91(14) order of their own motion or on application. Where such an order is in place, the court is required to consider whether circumstances have materially changed before granting permission to make a new application.

The Government welcomes the publication of the Domestic Abuse Commissioner’s report “Everyday Business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism.” We are carefully considering the recommendations made in the report and will publish a full response shortly.