Child arrangements, the family court and domestic abuse

New official guidance has been published (February 2026), "An overview of how the family courts in England and Wales address issues of domestic abuse in child arrangements cases, including government reforms."

The new authoritative guidance document, produced by the House of Commons Library, sets out the current context, options for victims of domestic abuse, and planned changes. For the full report click here.

The following is a brief summary of the report. If you are considering family mediation, you can find details of our service on our website. Mediation must be individually assessed for safety and suitability prior to any joint mediation. For this reason, the first step in mediation is always an individual, confidential meeting with a regulated family mediator (often called a MIAM session). Contact us for more information. If you are looking for legal advice on whether you are eligible for an exemption from a MIAM, please consult a regulated family solicitor.

"A child arrangements order is a court order that regulates matters such as who a child lives with, when they spend time with specified people (for example, parents), and when and what other types of contact take place (for example, phone calls).

It has been estimated that around 60% to 90% of child arrangements cases in the family court (PDF) feature allegations of domestic abuse. Concerns have, however, been raised that the family courts do not do enough to protect victims of domestic abuse and that perpetrators are able to use the court process to continue their abuse.

How the court determines child arrangements

"When a court in England and Wales considers any question around the upbringing of a child, its “paramount consideration” is the welfare of the child. In child arrangements cases, the court is required to have particular regard to a range of factors, including:

• the wishes of the child

• any harm which they have suffered or are at risk of suffering

• how capable each parent is of meeting their needs

The court is also required to presume that the involvement of both parents in the life of the child “will further the child’s welfare”. This is referred to as the presumption of parental involvement. The presumption only applies where a parent can be involved without putting the child at risk of significant harm.

Where domestic abuse is an issue, practice Direction 12J of the Family Procedure Rules sets out what the court should do. Among other things, it states that where abuse is admitted or proven, the court must ensure any child arrangements order “protects the safety and wellbeing of the child and the parent” and “does not expose either of them to the risk of further harm”.

Parental alienation and domestic abuse

"The Children and Family Court Advisory and Support Service (CAFCASS) uses the term “alienating behaviours” to refer to situations where one parent “expresses an ongoing pattern of negative attitudes and communication about the other parent” with the potential or intention to undermine the child’s relationship with the other parent.

Parental alienation is a contentious issue and concerns have been raised that allegations of parental alienation are often used as a counter-allegation to “obscure and distract from allegations of domestic abuse”.

CAFCASS guidance states that alienating behaviours are “one of several reasons why a child may not want to see a parent postseparation” and that if a child does not want to see a parent the first step is to consider whether domestic abuse is a factor.

Harms Report

"In June 2020, a government-established panel published a report examining the risk of harm to children and parents in private law children cases (commonly referred to as the Harms Report). 

The report highlighted serious issues with how the family court system addresses domestic abuse in child arrangements cases, which it said were underpinned by a “pro-contact culture”, silo working, an adversarial system, and resource constraints.

It made several recommendations, including that the presumption of parental involvement should be reviewed and that the family courts should pilot a new approach to child arrangements proceedings.

Government reforms

"Both the previous Conservative government and the current government have implemented reforms following the Harms Panel report. The reforms include:

• The Domestic Abuse Act 2021 extended the availability of “special measures” to victims of domestic abuse in family court cases and banned perpetrators of domestic abuse from cross-examining their victims in the family court. It also clarified the use of barring orders to make clear they can be made when someone may use court applications as a form of domestic abuse.

• A pilot of a reformed approach to child arrangements proceedings, which uses a more investigative approach and promotes expert domestic abuse support, was launched in two court areas in May 2022. It has since been extended and, as of February 2026, is operating in 10 areas.

• In October 2025, the government announced it would legislate to repeal the presumption of parental involvement. Provisions to do this are included in the Crime and Tribunals Bill."

DISCLAIMER

This blog quotes a Research Briefing published by the House of Commons Library. Online Mediation has checked the content, but is not responsible for authorship or accuracy. Information is very likely to change so speak to us for current information on family mediation, or a legal advisor if looking for legal advice (including about MIAM exemptions). Any information provided is for general information and does not constitute legal advice.