The family courts in England and Wales are “not good enough,” and have historically failed women and children, according to Minister for Women and Equalities, Alison Levitt. Announcing a significant overhaul of the family justice system, Levitt outlined plans to move away from adversarial legal battles toward a “problem-solving,” child-focused model. The reforms aim to address long-standing concerns about fairness and safety within the courts, particularly in cases involving domestic abuse. This shift comes as the Ministry of Justice continues efforts to tackle court backlogs, a persistent issue impacting families across the country.
The core of the changes centers on expanding “child focused courts,” a pilot program initially launched in Dorset and North Wales in 2022. These courts prioritize child welfare and emphasize out-of-court resolutions, aiming to reduce trauma and expedite proceedings. The Ministry of Justice reports that the pilot has already demonstrated positive results, with reduced waiting times and a decrease in the number of open cases. Now, these courts will grow the standard model for all Section 8 cases – those concerning child arrangements such as residence and contact – and will be rolled out across the remaining court areas before the end of this parliament.
Levitt, a Labour peer who previously served as Keir Starmer’s principal legal advisor when he was the Director of Public Prosecutions, acknowledged the historical imbalance within the system. She stated that it’s “historically so obvious that women have been victims [in the justice system],” justifying measures to improve fairness. The minister also revealed she has faced accusations of sexism since taking office last autumn, particularly in relation to proposed changes to the legal presumption of parental involvement, as outlined in the Courts and Tribunal bill, which passed its second reading earlier this month. The proposed changes have sparked debate, with some raising concerns about the potential impact on children’s rights.
Addressing Concerns of Abuse and Control
For years, campaigners have argued that the family court system can be exploited by abusers to continue controlling their former partners. This often manifests through counter-allegations designed to “alienate” the child from the other parent, a tactic that can prolong legal battles and inflict further emotional harm. Levitt directly addressed this issue, stating that the new approach aims to prevent such manipulation and prioritize the safety of both children and victims of abuse.
A particularly contentious area has been the use of “experts” in parental alienation cases. Recent scandals, such as the case of a UK mother separated from her children based on a “draconian” order later overturned, as reported by The Guardian, have highlighted concerns about unregulated and unqualified professionals offering opinions on complex family dynamics. Levitt was unequivocal in her assessment of the concept of parental alienation, stating it is “not something that’s capable of definition or of scientific proof in any way, shape or form.”
Rebalancing the System and Protecting Victims
Levitt emphasized that the changes are not about assigning blame but about “rebalancing” a system that has historically disadvantaged victims of domestic abuse. She acknowledged that the current process, particularly “fact-finding” hearings where victims are often subjected to intense cross-examination, can be retraumatizing. “I don’t see [stopping] that as being sexist,” she explained. “I see that as rebalancing. If you’ve got an injustice to start off with, it’s not sexist to try and put that right.”
Further protections for victims are included in the Victims and Courts bill, which will remove parental responsibility from individuals convicted of serious sexual offenses against children, and in cases where a child is born of rape. These measures aim to safeguard children and prevent further harm.
Early Intervention and a Child-Centric Approach
Justice Secretary David Lammy highlighted the positive impact of the child-focused courts pilot program. Ministry of Justice figures demonstrate a significant reduction in case processing times in Birmingham, dropping from an average of 53 days in the three months to August 2023 to 23 days in the same period in 2025. The open caseload also fell substantially, from 1,456 in August 2003 to 648 two years later. Lammy stated, “For a child, every additional month waiting to find out where you will live can feel like forever.”
The new model prioritizes early intervention, with family circumstances – including any allegations of domestic abuse – examined *before* court proceedings initiate. This involves the participation of Cafcass, Cafcass Cymru, local authorities, and independent domestic violence advisors from the outset. A key component of the pilot, and now standard practice, is the ordering of a Child Impact Report at the beginning of the process. Andrew McFarlane, President of the Family Law Division, described this as a “gamechanger,” as it provides courts with an early understanding of the impact of the dispute on the child, leading to fewer hearings and a more efficient process.
Lisa Harker, director of the Nuffield Family Justice Observatory, welcomed the expansion of the child-focused courts but cautioned that it’s crucial to measure the impact on children’s experiences, not just the speed of decision-making. “It is essential that we measure how children experience proceedings and whether their lives improve, not just how quickly decisions are made,” she said.
The rollout of the child-focused courts is expected to continue throughout the remainder of this parliament. The next key step will be monitoring the impact of the expanded program and assessing its effectiveness in improving outcomes for children and families involved in the family justice system. The Ministry of Justice has committed to providing regular updates on the progress of the reforms.
If you or someone you know is experiencing domestic abuse, resources are available. You can contact the National Domestic Abuse Helpline at 0808 2000 247 or visit their website at https://www.nationaldahelpline.org.uk/. For children and young people, Childline is available 24/7 on 0800 1111 or at https://www.childline.org.uk/.
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