It is well documented that the family courts system is not currently working for survivors of VAWG. Women talk of an underlying culture of misogyny, mother-blaming and victim-blaming in the family courts that can be re-traumatising. Women continue to be accused of the contested term 'parental alienation' when they raise concerns of domestic abuse and child safety in regard to their ex-partner. 

WRC are continuing to work on issues related to the Family Court. You can find a collection of the work we have done exploring the issues in the family courts below, as well as other useful resources.

We are currently pursuing the idea of taking it forward through the Optional Protocol to CEDAW (The Convention for the Elimination of Discrimination Against Women). The Optional Protocol allows women to bring a complaint about  breach of the rights under CEDAW to the CEDAW Committee.  If you would like to be involved in this please email [email protected] to be added to the mailing list. 

Resources: 

WRC (2023) Mediation in Family Courts Report 

WRC published a report looking into the impact of the family courts, specifically the use of mediation, on women in the UK. The report explores how the current mediation process in the family courts is working for survivors of VAWG and how the new proposed changes to the family courts, namely the introduction of compulsory mediation, would further impact them.

Domestic Abuse Commissioner (2023) 'The Family Court and domestic abuse: achieving cultural change'

This report gives a voice to the concerns held by those raised directly to the Commissioner. This report will outline the key issues victims and survivors face when they come into contact with the Family Court and describe how these failings enable the Family Court to become a tool of post-separation coercive control and abuse for a perpetrator. 

WRC (2023) Submission to UN Rapporteur on parental alienation 

WRC responded to the UN Special Rapporteur on Violence Against Women and Girls' (UNSRVAWG) call for input regarding violence against women and girls (VAWG) and the family courts. WRC has produced this submission in consultation with 23 WRC member organisations. 

AVA (2022) 'Ascent Good Practice Briefing: best practice for improving support and outcomes for mothers surviving domestic abuse and child removal'

This briefing brings together the key points from AVA's Staying Mum Launch Event. It provides good practice recommendations to domestic abuse services, child protection services, and family court professionals to improve support and outcomes for survivors of domestic abuse and child removal. The recommendations fall into two main categories: changes needed within the family courts, and changes needed to better support mothers facing domestic abuse.

Women's Aid (2022) 'Two years, too long: Mapping action on the Harm Panel's findings'

This report aims to map the progress that has occured over the last two years to learn from the Harm Panel's findings and implement its recommendations. It also asks what work is still to be done, using the voices and experiences of survivors of domestic abuse and the services supporting them to illustrate the need for this work. The report ends with a call to action and recommendations on the urgent changes that remain outstanding and must be made if the family courts are to be safe and just spaces for survivors of domestic abuse and their children. 

Rights of Women (2021) Letter and statement of practice about failures of the family court system for women

Experts in family justice and violence against women published a letter calling for urgent action and accountability following the Family Court's failure to introduce feasible measures which are vital for the safety and security of domestic abuse and child sexual abuse survivors. 

SBS (2020) Welcome New Powers for Family Court Judges to Intervene in Domestic Abuse Cases

SBS released a statement welcoming this report which is a necessary first step in restoring confidence in the family justice system. It further calls on the government to reform rules on access to legal aid and provide the resources needed so that all abused women are able to assert their right to a fair and safe hearing. 

Rights of Women (2018) 'Ascent Best Practice Briefing - Acting as a McKenzie Friend in the Family Court'

The purpose of this briefing is to improve support to survivors by supporting practitioners in the following ways: 

• providing information for practitioners to understand what their legal duties and responsibilities are if they chose to act as a McKenzie friend; 
• providing guidance on the best ways to support survivors as a McKenzie friend; 
• explaining what, if anything, you can do to support someone facing a McKenzie friend on the other side of the case who is acting inappropriately.