Asked by: Carla Lockhart (Democratic Unionist Party - Upper Bann)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps her Department is taking to ensure the timely processing of domestic abuse cases in courts; and what additional resources have been allocated to minimise case backlogs.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Whilst judges already prioritise cases involving vulnerable victims and witnesses, including domestic abuse, we know that victims who cases are heard at the Crown Court are waiting too long for justice.
That is why this Government commissioned Sir Brian Leveson’s Independent Review of the Criminal Courts. After considering the recommendations made in Part 1 of this report, we have announced our intention to take forward a bold package of structural reforms, designed to improve timeliness in the Crown Court and speed up justice for all victims, including victims of domestic abuse. This financial year we also funded 111,250 Crown Court sitting days – an all-time high.
We have also published our Violence Against Women and Girls Strategy - ‘Freedom from Violence and Abuse’ - setting out the Government’s approach to tackling domestic abuse and other offences perpetrated against women and girls. We are already acting by:
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has recently assessed the potential merits of reviewing the weighting given to a child's views in child arrangement orders in cases where there is an unresolved disagreement between parents.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has considered changes to child arrangement orders that would affect child maintenance requirements for parents without custody.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: James Wild (Conservative - North West Norfolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 10 November 2025 to Question 87080 on Child Arrangement Orders, if he will make such an assessment.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government does not have any plans to undertake a formal assessment of the efficacy of child arrangement orders. However, we have recently published a review of the courts’ application of the presumption of parental involvement that explored the impact of decisions about child arrangements on child welfare. The Review found a high incidence of orders for direct contact between children and parents, even in cases where a parent has caused or posed a risk of harm. The evidence from the review suggested this could have long term negative impacts for children.
The Government is continually working with stakeholders to ensure that the family justice system delivers outcomes that work for children and families. The Government recently announced its intention to repeal the presumption of parental involvement from the Children Act 1989 when parliamentary time allows, alongside a wider package of family court reforms. A Child Arrangements Order may be made by the court in private family law cases to determine whom a child is to live with, spend time with or otherwise have contact with. Child Maintenance calculations are carried out by the Child Maintenance Service and are based on HM Revenues and Customs data. The calculation represents an amount of money that is broadly equal to the amount that a paying parent would spend on the child if they were still living with them, irrespective of the income or assets of the receiving parent.
The Children Act 1989 states that the welfare of the child is the paramount consideration in family proceedings. The welfare checklist in the Children Act 1989 requires decision-makers to consider the ascertainable wishes and feelings of the child concerned, and the Government has no plans to change this.
The Government believes that children’s voices must be central to family court proceedings and is delivering a new approach to private family law proceedings, known as Pathfinder. Under the Pathfinder model, a far greater proportion of children are engaged by Cafcass or Cafcass Cymru compared with the Child Arrangements Programme, and the court process puts a greater emphasis on the voice of the child through the ordering of a Child Impact Report (Report), which contains clear recommendations from the social worker, taking into account the child’s wishes and feelings.
Asked by: Clive Betts (Labour - Sheffield South East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his Department's report of 2020 entitled Assessing Risk of Harm to Children and Parents in Private Law Children Cases, what steps his Department is taking to implement recommendations from that report; and whether the Government has any plans for an alternative inquiry to take its place.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice and its partners are delivering a package of reforms aimed at improving how the family justice system supports children and families – including victims of domestic abuse.
As part of this work we have already taken forward many of the actions it committed to following the Harm Panel report. This includes expanding the Pathfinder model which aims to improve the experience of children and families involved in private law proceedings. Through delivery of Pathfinder in ten court areas, we are learning a significant amount about how the family courts can operate in line with the principles for reform set out in the Harm Panel report. We are carefully monitoring these lessons ahead of further expansion. Alongside this, the Domestic Abuse Commissioner’s recent report on the Family Court Review and Reporting Mechanism pilot has made further recommendations, which the Government is now considering.
In addition, following the recommendations of the Harm Panel report, we have completed a review of the presumption of parental involvement. The evidence from the review suggests that the presumption may feed into a pro-contact culture in the family courts, finding a high incidence of court-ordered contact between children and parents who have caused or posed a risk of harm. As part of our wider package of family court reforms, the Government announced on 22 October 2025 that we will repeal the presumption of parental involvement from the Children Act 1989 when Parliamentary time allows.
The Government will also be publishing our new, cross-government Violence Against Women and Girls (VAWG) Strategy as soon as possible, which will set out the strategic direction and concrete actions to deliver on the Government’s ambition to tackle violence against women and girls.
The Government therefore does not consider it necessary to establish an alternative inquiry at this time.
Asked by: Al Pinkerton (Liberal Democrat - Surrey Heath)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the adequacy of safeguards for preventing harm to children during court-ordered contact arrangements.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
This Government has been clear – child safety during court-ordered contact is vital.
The recently published review of court’s application of the presumption of parental involvement found a high incidence of ordered contact. In some instances, this could have negative implications for children.
That is why this Government plans to repeal the presumption from the Children Act 1989. This will be part of a package of reforms to the family courts – including the further expansion of the Pathfinder model.
Asked by: Lord Moraes (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to respond to the Domestic Abuse Commissioner's report, Everyday business: Addressing domestic abuse and continuing harm through a family court review and reporting mechanism, published on 14 October.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises the impact family court proceedings can have on children and adult survivors of domestic abuse, which is why we are prioritising the protection of abuse survivors going through the family court. This includes the expansion of the Pathfinder programme, which promotes safeguarding and supports victims of domestic abuse through early multi-agency collaboration and expert domestic abuse support.
The family court also has a range of powers to protect victims. These include prohibiting the cross-examination of domestic abuse survivors by their abusers and automatically deeming survivors eligible for special measures, such as giving evidence via video link or from behind a screen. Additionally, Independent Domestic Violence Advisers (IDVAs) and Independent Sexual Violence Advisers (ISVAs) can attend court to provide support throughout proceedings.
The Government welcomes the Domestic Abuse Commissioner’s report. We are carefully considering the recommendations and will publish a full response in due course.
On 22 October we announced that, as part of the wider package of family court reforms, we will repeal the presumption of parental involvement. Alongside this announcement, we have published the Review of the Presumption of Parental Involvement and the accompanying reports from the three commissioned research projects.
Asked by: Lord Moraes (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they will consider undertaking a review in relation to concerns of senior lawyers that family courts are "not safe" for victims of domestic violence.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government recognises the impact family court proceedings can have on children and adult survivors of domestic abuse, which is why we are prioritising the protection of abuse survivors going through the family court. This includes the expansion of the Pathfinder programme, which promotes safeguarding and supports victims of domestic abuse through early multi-agency collaboration and expert domestic abuse support.
The family court also has a range of powers to protect victims. These include prohibiting the cross-examination of domestic abuse survivors by their abusers and automatically deeming survivors eligible for special measures, such as giving evidence via video link or from behind a screen. Additionally, Independent Domestic Violence Advisers (IDVAs) and Independent Sexual Violence Advisers (ISVAs) can attend court to provide support throughout proceedings.
The Government welcomes the Domestic Abuse Commissioner’s report. We are carefully considering the recommendations and will publish a full response in due course.
On 22 October we announced that, as part of the wider package of family court reforms, we will repeal the presumption of parental involvement. Alongside this announcement, we have published the Review of the Presumption of Parental Involvement and the accompanying reports from the three commissioned research projects.
Asked by: Sarah Olney (Liberal Democrat - Richmond Park)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to amend the presumption of parental involvement when a parent has been convicted of abuse or violent crimes.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government has announced that it will repeal the presumption of parental involvement from the Children Act 1989 when Parliamentary time allows.
We are committed to ensuring that the child’s welfare remains at the heart of the courts’ decision-making, and that each case considers the individual child and their family circumstances. Courts will continue to make decisions in line with the remaining provisions in the Children Act, the Human Rights Act 1998, ECHR considerations, and caselaw, with the child’s welfare remaining the paramount consideration.
The measure to repeal the presumption forms a key part of broader family court reforms, which include the expansion of the Pathfinder courts. These reforms aim to ensure that any decisions centre the child’s welfare and are based on a robust assessment of potential risks.
Alongside this announcement, we have published the Review of the Presumption of Parental Involvement and the accompanying reports from the three commissioned research projects.
Asked by: Carla Denyer (Green Party - Bristol Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 8 April 2025 to Question 44154 on Family Proceedings, when she plans to publish her Department's review of the presumption of parental involvement.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises that the review into the presumption of parental involvement is eagerly awaited. It is right that we take the necessary time to consider the findings. The review is now complete and will be published shortly, alongside the accompanying research reports and our next steps.