Family courts in England and Wales have “not been good enough” for women and children, a justice minister has said, as the Government confirmed plans to expand a new child-focused, problem-solving model across the system.
Speaking as reforms are rolled out by the Ministry of Justice, Alison Levitt said the current system has, for decades, treated some victims unfairly and must be rebalanced to better protect those affected by domestic abuse.
The reforms will see traditional adversarial hearings in many private law cases replaced with a more investigative and child-centred approach. The model, already piloted in several areas, will become the standard for section 8 cases involving disputes over child arrangements, including where a child lives and how much time they spend with each parent.
Ministers say the new approach focuses on earlier intervention, with greater involvement from agencies such as Cafcass and specialist domestic abuse services before court hearings take place. The aim is to reduce delays, minimise conflict and ensure decisions are based more directly on the child’s welfare.
Levitt said the reforms are intended to address longstanding concerns about how victims of domestic abuse are treated in the family courts, including experiences of being retraumatised through adversarial proceedings such as extensive cross-examination during fact-finding hearings.
She also addressed controversy surrounding the proposed removal of the presumption that both parents should be involved in a child’s life, contained in the Courts and Tribunal Bill. Levitt argued that changes are necessary to correct existing imbalances and ensure the system prioritises safety and fairness.
The Government has pointed to evidence from pilot schemes, first introduced in 2022, which suggest the new model can significantly reduce delays. According to Ministry of Justice data, case times in some areas have fallen substantially, with backlogs reduced and decisions reached several months faster.
Justice Secretary David Lammy said the reforms could be “life-changing” for children and families, noting that prolonged uncertainty over living arrangements can have a significant emotional impact.
Under the revised process, courts are expected to receive earlier and more detailed information about family circumstances, including allegations of domestic abuse. The introduction of early Child Impact Reports has been described by Andrew McFarlane as a “gamechanger”, enabling judges to better understand the effects of disputes on children and reduce the need for multiple hearings.
The reforms will be extended to additional court areas, with full national rollout planned before the end of the current Parliament.
However, some experts have cautioned that the success of the reforms should not be measured solely by speed. Lisa Harker, Director of the Nuffield Family Justice Observatory, said it is important to assess how children experience proceedings and whether outcomes improve, rather than focusing only on reduced waiting times.
The changes form part of a wider programme of reform within the family justice system aimed at improving outcomes for children and strengthening protections for victims of domestic abuse.
