Domestic abuse in the family courts – progress and ongoing challenges

By Helen Handley, Solicitor

Five years on from the introduction of the Domestic Abuse Act 2021, recent reviews have highlighted both progress and continuing challenges within the family justice system.

The legislation was a significant step forward, particularly in recognising coercive and controlling behaviour as a form of abuse. However, recent research suggests that, in practice, there can still be inconsistency in how domestic abuse is identified and dealt with in family proceedings. [gov.uk]

In private children cases in particular, concerns have been raised about how allegations of abuse are approached, the weight given to them, and whether court processes always adequately protect vulnerable parties and children. The reality is that proceedings can be lengthy and complex, and there remains ongoing debate about how to balance maintaining relationships with both parents against safeguarding concerns.

For individuals going through separation, this highlights the importance of taking early advice on how concerns about abuse should be raised and evidenced. The way in which a case is prepared and presented can have a significant impact on how the court approaches these issues, particularly where allegations are disputed.

How Wollens can help

At Wollens, we provide clear, strategic advice to clients dealing with allegations of domestic abuse within family proceedings. We work closely with clients to ensure concerns are properly evidenced and presented, and to put in place a structured approach to progressing the case. These matters are often sensitive and complex, and early, tailored advice can make a significant difference to the outcome.

Speak to Helen Handley

Helen is a Solicitor at Wollens and can advise you. Contact Helen via email Helen.Handley@wollens.co.uk or call 01392 539197.

View Helen’s Profile

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.