In a landmark case, the Court of Appeal heard from lawyers how the family court should treat allegations of domestic abuse. The appeal court’s ruling is likely to have far-reaching implications
Solicitors and others involved in the family justice system were given a rare opportunity last month to tell the Court of Appeal how the family court should treat allegations of domestic abuse, and coercive and controlling behaviour.
The open question was part of a groundbreaking case centred on four linked appeals, brought by mothers, related to family law proceedings involving the welfare of children.
The last time the appeal court was asked to give general guidance on the approach to domestic abuse in child contact cases was more than two decades ago. Practice Direction 12J was subsequently issued, setting out what the family court is required to do in cases where it is alleged or admitted that the child or a party has experienced domestic abuse perpetrated by another party or that the
groundbreaking case that is expected to result in fresh guidance being issued to family judges.
Over the course of three days last week, Sir Andrew McFarlane, president of the family division, Lady Justice King and Lord Justice Holroyde heard four linked appeals related to family proceedings involving the welfare of children.
On the third and final day, the appeal court heard submissions from counsel for multiple interveners in the case.
Barbara Mills QC represented Rights of Women, Women’s Aid, Welsh Women’s Aid and Rape Crisis England and Wales.
Mills told the court that Women’s Aid Federation of England supported an estimated 11,489 women and 13,787 children with refugee services in 2018/19; while 156,169 women and 187,403 children were assisted with community-based services. Mills said both sets of figures were ‘scratching the surface’ and almost half were also receiving assistance and support with child contact issues in the family justice system.