Blog Post by Madison Damian, Junior Associate

Domestic violence can have a sudden, serious impact on families. Domestic violence can also often escalate slowly, with survivors not realizing the severity until the boiling point. Domestic violence can exist in multiple forms, but however someone experiences it, it can be challenging and traumatizing to have to seek legal services regarding the safety of their children. Despite rhetoric of believing survivors of abuse, the stigma persists within the judicial system in the U.K.

A recent study conducted by the Domestic Abuse Commissioner showed how fact-finding hearings (FFH) to determine domestic violence allegations are held at a considerably low rate compared to overall hearings held in the U.K.[1] In cases involving children, FFH findings may be relevant to whether the alleged abuser is granted contact with the children.[2] However, the study also found that when FFH were conducted, almost all domestic violence survivors felt discouraged from participating in FFH.[3] Often, survivors were told the alleged abuser would get contact regardless of the findings.[4]

The issue was illustrated in August 2025, when a lower court judge in the U.K denied a mother’s request for a FFH to prove the allegations against the father of her children.[5] In February, the father had requested for increased contact with the parties’ children.[6] The mother responded by requesting a FFH to prove the allegations against the father.[7] When giving his reasons for denying the mother’s hearing request, the judge said that proving the allegations would likely not have a weight on assessing the risk of the children.[8] The High Court reversed the lower’s court decision and reasoned that having a fact-finder determine the falsehood of the allegations is directly related to the risk assessment of children.[9]

While the High Court’s reversal is hopeful, however, the case shows there is still currently a split in how court’s view FFH and their relevance to a child’s safety with the alleged abuser. Even when there is a positive outcome, it is important to keep in mind how traumatizing the court system can be for a survivor of domestic violence.[10] If governments want to protect survivors, then it is essential that judicial training on domestic violence be enforced.

[1] See Domestic Abuse Commissioner, Everyday Business: Addressing Domestic Abuse and Continuing Harm through a Family Court Review and Reporting Mechanism (Oct. 14, 2025), https://www.gov.uk/government/publications/everyday-business-addressing-domestic-abuse-in-the-family-court/everyday-business-addressing-domestic-abuse-and-continuing-harm-through-a-family-court-review-and-reporting-mechanism#acknowledgements (noting only 3% of hearings conducted are FFH).

[2] Id. 

[3] Id. 

[4] Id. 

[5] Hannah Al-Othman, Dangerously Outdated’: High Court Overturns Ruling Implying Domestic Violence Would Not Affect Children, The Guardian (Oct. 28, 2025), https://www.theguardian.com/law/2025/oct/28/dangerously-outdated-high-court-overturns-ruling-implying-domestic-violence-would-not-affect-children.

[6] Id. 

[7] Id. 

[8] Id. 

[9] Id. 

[10] See Domestic Violence Commissioner, supra note 1 (“The family court system is harrowing. It takes over your life, you can’t think about anything else”).