News & Insights

Navigating family court proceedings can be daunting, especially when domestic abuse allegations are involved. To help better protect victims of domestic abuse, CAFCASS (Children and Family Court Advisory and Support Service) has introduced a new Domestic Abuse Practice Policy. The policy is a crucial step forward, introducing clear guidelines for how domestic abuse cases should be handled to safeguard both children and adults. Here’s an overview of the key changes and what they mean for parents going through family court.

Protecting Victims and Their Families

This policy focuses on keeping victims, especially children, safe from further harm. It highlights the long-term effects of domestic abuse and ensures that safety is the main priority in all court decisions.

Clearer, Respectful Language

CAFCASS has updated the language used in court reports to be more considerate. Instead of terms like “claims” or “alleges,” the reports now use victims’ own words to ensure their experiences are accurately and respectfully represented. Abuse is no longer dismissed as “historical,” recognizing its lasting impact on victims.

Comprehensive Risk Assessments

Cases involving domestic abuse allegations now require detailed risk assessments. For instance, if a parent is accused of a sexual offence, CAFCASS must assess the child’s safety and suggest necessary actions, such as changes in living arrangements. In serious cases, concerns are escalated to local authorities to ensure proper protection.

Safer Contact Arrangements

Child contact arrangements now prioritise caution. When allegations of abuse exist, the default recommendation is no contact unless there is clear evidence it is safe. Protective parents are no longer forced to supervise contact with an abusive partner. Decisions focus on the child’s well-being, including understanding whether reluctance to see a parent is due to abuse.

Cultural Awareness

The new policy encourages officers to consider cultural factors when assessing family dynamics. This helps ensure decisions are fair, well-informed, and sensitive to individual circumstances.

Accountability for Professionals

CAFCASS practitioners are now required to confirm they understand and follow the policy. Families can hold them accountable for any failures through complaints, judicial reviews, or regulatory bodies.

Strengthening Evidence Collection

Strong evidence is essential in these cases. Parents should document incidents, gather third-party reports (e.g., from schools or therapists), and highlight patterns of abuse to strengthen their case in court.

Addressing False Allegations

While protecting victims remains the priority, the policy also addresses cases of false allegations. Clear guidelines ensure such claims are properly investigated to maintain fairness.

Challenges and Concerns

Some fear that adopting a “believe all victims” approach could open the door to misuse, with false claims potentially affecting custody decisions. Additionally, there are concerns about maintaining consistency in how the policy is applied by professionals like social workers. To tackle these challenges, judicial oversight remains crucial.

What Families Can Do

If domestic abuse allegations are part of your case, here are some steps you can take:

Keep Records: Document incidents, communications, and any changes in your child’s behaviour.

Seek Support: Work with therapists, legal advisors, and domestic abuse charities to strengthen your case.

Know Your Rights: Understand the policy to ensure CAFCASS and other professionals follow it.

Put Your Child First: Ensure their voice is heard, considering how trauma may influence their behaviour and responses.

The CAFCASS Domestic Abuse Practice Policy marks an important change in how courts approach sensitive cases. By focusing on protection, evidence, and accountability, it aims to reduce harm and promote fair outcomes.

If you’re unsure how this policy may affect your case, please contact one of our Family Law experts who will be able to help.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.