The United Nations Human Rights Council

The United Nations Human Rights Council (UNHRC) has recently turned its attention to systemic problems within family court systems worldwide. A key concern is how these courts handle cases involving domestic violence and child custody. The UK’s family courts have come under scrutiny for their approach to these sensitive issues, raising questions about the protection of victims and the welfare of children. This post explores the impact of the UNHRC’s focus on the UK’s family courts, highlights the challenges faced by victims of domestic violence, and outlines what the government must do to improve the system.

Our concerns about the following thoughts, debates and promised actions:

Mothers Unite UK would like to point out that a fundamental requirement not mentioned is accountability for court professionals. No amount of training will change mindset, belief systems, confirmation bias, dulling, lack of lived experience or a tendency towards emotional detachment or cruelty.

The UNHRC’s Concerns About Family Courts

The UNHRC has identified that many family courts struggle to balance the rights of parents with the safety and well-being of children and survivors of domestic violence. In some cases, courts have been criticized for:

• Failing to adequately recognise the risks posed by abusive parents

• Prioritising parental contact over child safety

• Lacking consistent training on domestic violence for judges and legal professionals

• Using outdated or insufficient evidence standards in custody decisions

These issues can lead to decisions that place children and survivors at risk, undermining the protective role family courts are meant to play.

How These Issues Affect the UK

In the UK, family courts handle thousands of cases each year involving child custody and domestic violence. Despite reforms, many survivors report feeling unheard or unsafe during proceedings. Some specific challenges include:

• Insufficient risk assessment: Courts sometimes rely heavily on parental statements without thorough investigation, which can allow abusive parents to maintain contact with children.

• Limited use of expert testimony: Psychological and social work experts who understand domestic abuse dynamics are not always involved or their input is undervalued.

• Delays in proceedings: Lengthy court processes can prolong exposure to harm for children and survivors.

• Inconsistent application of laws: Different courts and judges may interpret domestic violence evidence differently, leading to unpredictable outcomes.

For example, a 2022 report by the UK’s Domestic Abuse Commissioner found that many survivors felt the family court system did not protect them adequately, especially when the abusive parent contested custody.

The Impact on Survivors and Children

When family courts fail to address domestic violence properly, the consequences can be severe:

• Children may remain in contact with abusive parents, risking emotional and physical harm.

• Survivors may face intimidation or harassment during court proceedings.

• The trauma of court battles can exacerbate mental health issues for both children and survivors.

• Trust in the justice system erodes, discouraging victims from seeking help.

These outcomes highlight the urgent need for reform to ensure family courts prioritise safety and well-being.

What the UK Government Needs to Do

The UNHRC’s focus offers an opportunity for the UK government to strengthen family court responses to domestic violence and child custody. Key actions include

1. Improve Training for Judges and Legal Professionals

Judges, lawyers, and court staff must receive specialised training on domestic violence dynamics, trauma-informed approaches, and child safeguarding. This training should be mandatory and regularly updated

2. Enhance Risk Assessment Procedures

Family courts should adopt standardised, evidence-based risk assessment tools to evaluate the safety of children and survivors. This includes gathering information from multiple sources such as social services, police, and domestic abuse specialists

3. Increase Use of Expert Evidence

Psychologists, social workers, and domestic violence experts should play a central role in custody cases. Their assessments can provide courts with a clearer understanding of the risks involved.

4. Expedite Court Processes

Reducing delays in family court proceedings is critical to protect vulnerable parties. The government should allocate resources to increase court capacity and streamline case management

5. Strengthen Legal Protections

Legislation should be reviewed to ensure it explicitly prioritises child safety and survivor protection over parental rights when domestic violence is involved. Clear guidelines can help courts make consistent decisions.

6. Support Survivors Through the Process

Providing survivors with legal aid, counselling, and advocacy services can help them navigate the court system more safely and confidently.

Examples of Positive Change

Some UK initiatives show promise in addressing these challenges:

• Domestic Abuse Protection Notices and Orders (DAPNs and DAPOs): These provide immediate protection for survivors and can influence custody decisions.

• Specialist Domestic Violence Courts: Pilots in some areas focus on handling cases with domestic abuse more sensitively and efficiently.

• Multi-agency Safeguarding Hubs (MASH): These hubs bring together police, social workers, and other agencies to share information and coordinate responses.

Expanding and properly funding these approaches could improve outcomes in family courts.

The Role of Public Awareness and Advocacy

Beyond government action, raising public awareness about the realities of domestic violence and the family court system is vital. Advocacy groups and survivors’ voices can push for reforms and hold institutions accountable. Educating the public also helps reduce stigma and encourages victims to seek help earlier.

Moving Forward

The UNHRC’s spotlight on family courts challenges the UK to confront systemic weaknesses that affect some of the most vulnerable people in society. By improving training, risk assessment, expert involvement, and legal protections, the government can create a family court system that truly safeguards children and survivors of domestic violence.

The path forward requires commitment, resources, and collaboration across sectors. For those affected, these changes could mean safer homes and a justice system that listens and protects.

If you or someone you know is affected by domestic violence, support is available through organisations such as Refuge, Women’s Aid, and the National Domestic Abuse Helpline. Seeking help early can make a critical difference. You can also find Mothers Unite UK Facebook group on this website.