If you’ve lived through domestic abuse and are now facing a child arrangements dispute, you may have felt that the family court didn’t fully grasp the damage done not just to you, but to your children. Even children who were never physically harmed carry deep wounds from witnessing abuse at home. For a long time, the law didn’t always reflect that reality. That is now changing.

At Holland Family Law, we want to help you understand what these changes mean, why they matter, and how they could affect your case.

Why Domestic Abuse in Child Arrangements Cases Has Always Been Complex

Private family law cases involving child arrangements are rarely straightforward. When domestic abuse is part of the picture, they become significantly more complex, and the stakes couldn’t be higher.

It may surprise you to learn that domestic abuse features in an estimated 50 to 60% of private law children cases. Despite this, for years, there was a legal presumption built into the system: that involvement from both parents was, by default, in a child’s best interests.

That presumption, known as the presumption of parental involvement, placed enormous pressure on courts, solicitors, and survivors. In practice, it sometimes meant contact was ordered even where safeguarding concerns had been clearly raised.

The tragic deaths of Jack and Paul Throssell, killed by their abusive father during a court-ordered unsupervised contact visit, remain a devastating reminder of what happens when that system fails. Their mother, Claire Throssell, has campaigned tirelessly for reform. The family court had granted that contact despite repeated warnings about the danger he posed.

What Has Changed? Key Legal Reforms You Need to Know

The law has been moving in a new direction, and the pace of reform has accelerated significantly since late 2025. Here’s a breakdown of the most important changes:

Judges Must Now Weigh the Emotional Impact on Children Who Witnessed Abuse

As of 21st October 2025, new guidance makes clear that:

  • Judges must now prioritise the impact of abuse on children, even where those children were not directly harmed themselves
  • Contact orders can be refused where there is credible evidence that contact could cause emotional or psychological harm
  • Coercive control and emotional abuse are now given greater weight, not just incidents of physical violence

This is a landmark shift. A child who witnessed a parent being controlled, belittled, or threatened has experienced trauma. The court must now actively consider that trauma rather than treat it as secondary.

The Presumption of Parental Involvement: On Its Way Out

The Courts and Tribunals Bill 2026, introduced in February 2026 and currently progressing through the House of Commons, proposes to repeal the presumption of parental involvement entirely.

Under the new approach:

  • Courts would start from a neutral position, carrying out an open-minded assessment of what is genuinely in the child’s best interests
  • No automatic assumptions would be made about the benefits of a particular parent’s involvement
  • Judges would be required to evaluate each case individually, based on evidence and focused on the child’s wellbeing and safety

Importantly, the fundamental principle of the Children Act 1989 that the child’s welfare is the court’s paramount consideration would remain fully intact. What changes is the starting point.

The National Expansion of the New Family Court Approach (March 2026)

In March 2026, it was announced that a new family court approach, one placing children’s safety and experiences at the centre of proceedings, would expand nationally.

The Domestic Abuse Commissioner, Dame Nicole Jacobs, stated clearly:

“For too long, children and adult victims have been advocating for a family justice system that truly understands domestic abuse, listens to their concerns, and prioritises their safety. This approach has shown that when we put children first, victims feel more supported and re-traumatisation is reduced.” This is not a minor procedural update. This is a systemic recognition that the old approach was failing families.

What Is Practice Direction 12J: And Why Does It Matter?

Practice Direction 12J (PD12J) is the court’s existing framework for how domestic abuse allegations must be handled in child arrangements cases. It has existed for some time, but it is now more rigorously applied than ever.

Under PD12J, the court must:

  • Conduct safeguarding checks at the earliest opportunity before any contact order is made
  • Obtain a Cafcass Section 7 report where there are welfare concerns, which assesses the child’s situation in depth
  • Prohibit abusive parents from cross-examining victims in person, a protection that prevents re-traumatisation in the courtroom
  • Under Paragraph 12, the court must not make interim child arrangements orders where safeguarding information is still missing, unless the order is necessary to protect the child

In practical terms, PD12J means that domestic abuse cannot be ignored or minimised during proceedings. It must be assessed, evidenced, and weighed carefully.

What About Parental Alienation?

Parental alienation is a deeply sensitive and contested area of family law. It describes a situation in which one parent’s alienating behaviours, such as an ongoing pattern of negative comments, interference with contact, or undermining the child’s relationship with the other parent, cause the child to refuse to spend time with, or to reject, the target parent without justifiable reason.

The Family Justice Council has acknowledged that, in the context of family court proceedings, what is sometimes termed parental alienation can be used as a label, but that the reality is nuanced.

There are important distinctions here:

  • A child resisting or refusing contact may have entirely valid reasons, particularly where domestic abuse has occurred
  • Alienating behaviours by one parent are recognised as a form of emotional abuse that can damage the parent-child relationship
  • Social workers, Cafcass (the court advisory and support service), and the wider children and family court system must assess each situation carefully, looking at the interests of the child without defaulting to assumptions

In cases of parental alienation, the court may make a child arrangements order to restore the child’s relationship with the rejected parent. However, where domestic abuse is also present, untangling these issues requires specialist legal advice. The courts are increasingly alert to the risk of parental alienation claims being used to deflect from or minimise genuine abuse concerns.

How These Changes Affect You Practically

If you are currently involved in, or considering, a child arrangements dispute where domestic abuse is a factor, here is what this evolving legal landscape means for you:

  • Document everything. Evidence of coercive control, emotional abuse, and its impact on your children is now more relevant than ever
  • Don’t assume contact is inevitable. The removal of the parental involvement presumption means your concerns will be assessed on their own merits
  • Cafcass involvement is important. The advisory and support service plays a central role in ensuring your voice and your children’s experiences are clearly communicated
  • Seek specialist advice early. These are complex cases. The interaction between domestic abuse, parental alienation claims, and child welfare requires careful handling from the outset
  • The court’s focus is on your child’s welfare. In England and Wales, the child’s welfare, including their long-term emotional health, remains the paramount concern

Our View at Holland Family Law

We have seen first-hand how the family justice system’s treatment of domestic abuse has, historically, caused further pain for survivors and their children. These reforms are long overdue, and we welcome them.

We also know that navigating these changes while managing the emotional weight of a separation or custody dispute is enormously difficult. You should not have to do it without experienced, compassionate support.

Whether you are worried about the safety of your children during contact visits, facing allegations yourself, or simply trying to understand what the courts expect from you, we are here to help you make sense of it all.

Speak to Holland Family Law Today

If domestic abuse has been part of your family’s experience, and you are facing a child arrangements dispute, please do not wait. The law is changing in ways that could significantly affect your case, and early advice makes a real difference.

We offer clear, practical guidance, and an initial consultation is provided at no charge. Holland Family Law is based in Leicester, and we support clients across London, Derby, Nottingham, Northampton, Lincoln, Loughborough, Birmingham, Buckinghamshire, and Windsor.

Call us on 0116 4362170 or book an appointment with our expert legal support, which is just a call away. We are here to help you navigate the law with confidence.