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Sir Andrew McFarlane, the President of the Family Division, Lady Justice King and Lord Justice Holroyde (with extensive experience in criminal matters) have recently heard four linked appeals related to family proceedings involving the welfare of children. It is anticipated that the Court of Appeal will give general guidance on the approach taken by the family court in cases in which domestic abuse is alleged. My concern is that whatever the Court of Appeal says, the fundamental issue is time. Time for the court to consider the evidence, time to marshal the evidence, time to appropriately hea...

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 childr...