Domestic Abuse and the Family Court

March 1, 2021

Domestic Abuse and the Family Court

There are presently four linked cases before the Court of Appeal.

The appeals were originally filed in the High Court but “leapfrogged” to the Court of Appeal because of their importance.

These appeals deal with cases involving domestic abuse.

The appeals have attracted widespread attention from a number of interest groups who have been granted permission to become involved in the case.

It is the job of the Court to consider five issues of principal comprising:

1. How and when “fact-finding” hearings should take place.
2. How the Family Court should treat allegations of marital or partnership rape
3. How the Family Court should deal with coercive and controlling behaviour.
4. The application of Practice Direction 12J.
5. The proper approach for the Court to take when:

• There have been findings of domestic abuse; or
• Allegations of domestic abuse have been dismissed by the Court.

Practice Direction 12J

The President of the Family Division issued guidance about the issue of domestic abuse.

That guidance included:

• A new and much expanded definition of what is now referred to as “domestic abuse” rather than “domestic violence”.
• What needs to be included in Court Orders.

Paragraphs 1 and 2 of the Practice Direction confirm that in children cases, it is important to set out what the Family Court should do where there are instances of domestic abuse.

The Judgment is yet to be handed down by the Court of Appeal.

Lawyers and interest groups eagerly await what is regarded widely as much needed guidance on how the Family Court should deal with allegations of domestic abuse.

Leon Messam, Associate