Tag Archive for: Family Court Reality

There is a pattern that many parents, particularly mothers raising safeguarding concerns, will recognise immediately.

They are frightened, so they are described as “anxious”. They keep trying to explain a concern that has not been properly addressed, so they are said to be “fixated”. They raise the same issue again because the risk remains unresolved, so they are told that they are “unable to move on”. They react emotionally after prolonged coercion, pressure, litigation and fear, and suddenly their reaction is treated as the issue.

Meanwhile, the original question can quietly disappear: what happened, what is happening now, and what does the evidence show?

This article was prompted by a thoughtful post from Lisa Arterton, a coercive-control and post-separation-abuse specialist. Her central observation deserves much wider attention: a person’s nervous system is not separate from their legal case.

A normal response to an abnormal situation

Family proceedings can demand a remarkable amount from a parent who is already overwhelmed. They may be managing handovers, repeated hostile messages, hearings, applications, legal bills, work, parenting, poor sleep and the fear that one badly worded email will be used against them.

That does not mean every allegation is correct. It does not mean every difficult co-parenting situation is coercive control. It does mean that professionals and courts should be careful not to treat a parent’s understandable distress as a shortcut answer to the safeguarding question.

A person can be anxious and right to be concerned. They can be emotional and trying to protect a child. They can revisit an issue because it has not been investigated, because new evidence has emerged, or because its impact has not stopped.

“Why does Mum keep raising this?” is not a substitute for asking: “What is she raising, what evidence exists, and what does it mean for this child?”

The law requires a safeguarding lens — not a personality test

In England and Wales, where domestic abuse is alleged, admitted or there is another reason to believe that it may have occurred, Practice Direction 12J applies. It requires the court to identify and consider domestic abuse and the risk of harm to the child and the parent with whom the child is living.

It recognises that domestic abuse can cause children direct psychological and emotional harm, and can also affect them indirectly by impairing the parenting capacity of either parent. The court must not make arrangements that expose a child or a parent to an unmanageable risk of harm.

The Domestic Abuse Act statutory guidance also recognises children as victims in their own right where they see, hear or experience the effects of abuse. Coercive or controlling behaviour is not defined by one dramatic incident; it is often an intentional pattern of behaviour over time.

That matters. A case should not be reduced to whether one parent appears calmer in a Cafcass call, more polished in a statement, or more “reasonable” in a single email. The relevant question is whether the evidence, the history and the current arrangements reveal a pattern of harm, pressure, control or risk.

Context changes the meaning of an email, an agreement or a “reasonable” offer

An individual email may look calm. A proposal may look reasonable. A sudden willingness to compromise may look reassuring. But no document should be assessed in a vacuum where there is a concern about coercive control or litigation abuse.

Useful questions include:

• What happened immediately before this message or proposal?
• What happened when the other parent said no, asked for time, or sought advice?
• What happened when they stopped responding?
• Did the behaviour settle when agreement was reached, or did the demands simply change?
• Was an apparent concession followed by fresh pressure?
• Is there a repeated pattern across messages, handovers, finances, applications or contact arrangements?

This is not about constructing a story to fit a conclusion. It is about resisting the opposite mistake: treating each incident as separate when the evidence may show a connected pattern.

Children’s wishes and feelings: listen carefully, not mechanically

A child’s wishes and feelings matter. They are part of the welfare checklist and must be treated seriously. But listening to a child is not the same as lifting a sentence out of its environment and treating it as a complete answer.

A child’s words may be influenced by many things: loyalty pressure, fear of upsetting a parent, exposure to adult narratives, a desire to reduce conflict, a wish to feel safe in the home they must return to, or a genuine and independently held preference. The task is not to assume coercion. The task is to assess properly.

Questions worth asking include:

• How long has the child expressed this view, and has it changed over time?
• What language is the child using, and does it sound age-appropriate and authentically their own?
• What has the child experienced, heard or been told?
• What happens if the child disagrees with either parent?
• Are there observable changes in mood, school attendance, behaviour, sleep or presentation around contact?
• Are there safe, independent sources of information, such as school, GP records, police logs or other professionals?

This is not an argument for dismissing children’s voices. It is an argument for taking them seriously enough to understand the conditions in which those voices have developed. As Cafcass itself puts it, its role is to ensure the child’s voice is heard by the court and decisions are made in the child’s best interests — those are related, but not identical, questions.

When the focus shifts from risk to the person raising it

One of the most damaging features of some cases is the shift in focus from the safeguarding concern to the conduct of the parent raising it.

There may be an allegation. Then a report. Then evidence. Then a request for somebody to investigate it. If the issue remains unresolved, the parent raises it again. At that point, they may begin to fear that persistence itself will be used against them.

That is a dangerous position for any parent. It can make a person doubt their own judgment, go silent when they should be seeking help, or flood professionals with every detail because they are terrified that the one important point will otherwise be missed.

The answer is neither silence nor sending 4,000 pages without explanation. It is structured, evidence-led communication.

A practical approach for parents dealing with Cafcass or the court

If you are worried about a child or about post-separation abuse, try to move from “everything that has happened” to a clear and manageable evidence window.

1. Identify the current issue. What is happening now that affects the child’s welfare or safety?
2. Set out the pattern briefly. Use dates and a short chronology. Explain what happened before and after key incidents.
3. Separate fact from interpretation. State what was said, done, seen, reported or recorded. Then explain why it causes concern.
4. Link the issue to impact. How has it affected the child’s behaviour, emotional wellbeing, school life, contact, health or sense of safety?
5. Identify evidence. Messages, school records, police incident numbers, GP evidence, photographs, orders, reports and neutral witnesses can all be relevant.
6. Be clear about what you do not know. A credible safeguarding account does not need to pretend certainty where further investigation is required.
7. Make a proportionate request. For example: a risk assessment, enquiries from school, a section 7 report, safe arrangements for communication, or consideration of whether a fact-finding hearing is necessary.

In other words: do not manufacture a narrative. Make the existing evidence visible, relevant and usable.

The family court must see the whole picture

Family justice cannot become a process in which a parent is expected to be endlessly calm while navigating circumstances that are genuinely frightening, destabilising or unsafe. Nor should “child-focused” become shorthand for ignoring the environment in which a child is trying to survive.

A parent’s distress may need support. Their communication may need structure. Their evidence may need organising. But none of that answers the safeguarding question.

Context matters. Pattern matters. Impact matters. And a child’s welfare depends on professionals being willing to look beyond the presentation of the adults in the room.