Family Courts: Domestic Abuse

(asked on 17th July 2019) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will launch an independent inquiry into family courts in England and Wales to establish (a) how victims of domestic violence are treated, (b) whether the process under which parents convicted of domestic violence are given access to children is adequate and (c) whether the courts should be more transparent in their handling of domestic violence cases and the protection of children involved in such cases.


Answered by
Paul Maynard Portrait
Paul Maynard
Parliamentary Under-Secretary (Department for Work and Pensions)
This question was answered on 23rd July 2019

On 21 May 2019 the Ministry of Justice announced a public call for evidence to develop our understanding of how the family courts protect children and parents in cases of domestic abuse and other serious offences. Specifically, the call for evidence will focus on the application of Practice Direction 12J, Practice Direction 3AA, The Family Procedure Rules Part 3A, and s.91(14) orders, and will build a more detailed understanding of any harm caused during or following proceedings in the family court where there are allegations of domestic abuse. The written call for evidence was launched on 19 July and will run for 6 weeks.

This call for evidence is coordinated by a panel of experts whose membership includes academics, members of the judiciary, and representatives from third sector bodies which represent or advocate for victims of domestic abuse, all of whom are independent of the Government. The panel will gather and interpret evidence from a full range of interested parties, to enable us to address appropriately any issues with the application of protections available in the family courts.


It is important that the Family Justice System strikes an appropriate balance between rightly protecting the confidentially of the individual children and family members, but also maintaining as open and transparent approach to court decisions as possible in these circumstances.

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