Ministry launches review of how family courts protect children in domestic abuse cases

The Ministry of Justice has launched a review of how the family courts protect children and parents in cases of domestic abuse and other serious offences.

The review will be carried out by an MOJ-chaired panel consisting of a range of experts including senior members of the judiciary, leading academics and charities.

The MoJ said the three-month project would aim to ensure that the family court “works first and foremost in the explicit interests of the child, such as their safety, health and well-being”.

A public call for evidence will be launched imminently and will look to those with direct involvement to share their experiences.

The review will:

• examine the courts’ application of Practice Direction 12J – this relates to child arrangement cases where domestic abuse is a factor
• examine the courts’ application of ‘barring orders’ which prevent further applications being made without leave of the court under the Children Act 1989
• gather evidence of the impact on the child and victim where child contact is sought by someone alleged to have, or who has, committed domestic abuse or other relevant offences

The panel will consider how the family courts handle a range of offences including rape, child abuse, assault, sexual assault, murder and other violent crime.

The MoJ said the Government was committed to ensuring the right protections are in place for victims and their children.

Justice Minister Paul Maynard said: “Some of the most vulnerable in our society come before the family courts, and I am absolutely determined that we offer them every protection.

“This review will help us better understand victims’ experiences of the system, and make sure the family court is never used to coerce or re-traumatise those who have been abused.

“Its findings will be used to inform next steps so we can build on the raft of measures we have already introduced to protect victims of domestic abuse.”