In 2020 a major report by the UK Ministry of Justice shone a spotlight on serious failings within the family court system that were putting children at risk of harm. The study, titled ‘Assessing Risk of Harm to Children and Parents in Private Law Children Cases’, analysed over 600 child arrangement cases and found multiple instances where children were being removed from loving parents and placed into the custody of domestic abusers.
The research revealed that in over a third of cases examined, there was a lack of a thorough risk assessment performed to determine if a parent posed any danger prior to a decision being made on child residence and contact. Without proper vetting of risk factors like domestic violence, substance abuse issues or mental health problems, the courts were essentially taking children away from safe environments and handing them over to parents with a proven history of abusive behaviour.
A Tragic Example
One instance highlighted in the report involved a mother losing custody of her three young children to her ex-partner despite disclosing multiple allegations of domestic violence to the court during their custody battle. Text messages and witness statements supported her claims but they were seemingly disregarded during the final judgement. With no robust risk assessment done, the mother’s concerns of what might happen to the children living alone with their abusive father went unheeded. Tragically, just a few months after the ruling the father was imprisoned for almost killing one of the children in a violent outburst.
This heart-breaking case is just one example cited in the report of the courts failing in their duty to adequately consider risk in private children cases. Other studies have produced similar findings suggesting this may not be an isolated issue, but rather a systemic problem within the family court system. Critics argue judges do not have to undergo thorough training in handling domestic abuse cases, meaning warning signs can often be missed or minimised. Decisions are sometimes made based on incomplete evidence or intentions to promote ongoing contact with both parents at all costs, even if one poses a legitimate risk.
As the report’s authors note, “The harm that can result when risks to children are not recognized or appropriately managed should not be underestimated.” Yet still the courts continue removing children from non-abusive parents based on flimsy risk assessments or disputed allegations alone. Dismissing domestic abuse disclosures without proper investigations can have life-changing, and sometimes tragic, consequences for children. Protections must be strengthened to prevent innocent victims from falling through the cracks of a broken system.
Calls for Urgent Reform
In response to such failures coming to light, a number of recommendations have been put forward to reform the way risk is dealt with in private children cases. Firstly, comprehensive domestic abuse training should be mandated for all family court judges to help them accurately identify risk factors and understand the dynamics of abusive relationships. Specialist domestic violence courts should also be established to allow these complex cases to be handled by legal professionals with relevant expertise.
Secondly, children’s guardians or independent social workers should be automatically appointed in all contested cases where abuse allegations have been raised. Their role would be to thoroughly investigate any claims, interview parents and children separately, and provide an unbiased risk assessment report directly to the courts to ensure children’s voices are heard and their safety given utmost priority over parental rights.
Finally, a public overhaul of the entire family court system has been suggested to introduce clearer guidelines around how risk should be assessed and managed in these vulnerable situations. A public inquiry may also be needed to examine the root causes for how abusers have frequently been able to manipulate the system and continue harming children even after abuse claims are raised.
Major Changes Required
Only with major legislative and procedural changes can we hope to prevent further injustice and protect innocent children from entering harmful environments. As the number of allegations indicating the system is buckling under continued pressure mounts, now is the time for all involved to prioritize child welfare over other misguided agendas and reform how risk and abuse are dealt with for the sake of children’s safety. The consequences of inaction are simply too high.