A High Court Judge has overturned a “dangerously outdated” Family Court decision that concluded allegations of domestic abuse between parents would not be likely to pose a risk to their children and was “largely historical”. The judgment, delivered by Mr Justice Garrido KC, has been hailed as a significant moment for survivors of domestic abuse and reinforces the fundamental principle that serious allegations must be properly tested through evidence, not dismissed on assumption.
The case: serious allegations dismissed without proper examination
The case involved extremely serious allegations made by a mother against the father of their children, including seven separate allegations of rape (the earliest dating to June 2009, with the latter four all occurring in 2020), stalking, threats to disclose intimate photographs, physical assault involving throwing a coffee mug, and allegations that in 2021 he had removed the brake pads from a car—which Police classified as a potential offence of attempted murder.
The father, who is currently on Police bail in relation to a number of these allegations pending a charging decision from the Crown Prosecution Service, disputes all allegations. He had made counter-allegations that the mother was attempting to alienate the children from him.
The application and previous Court decisions
In February, the father applied to the Court for a transfer of residence, seeking to change the current shared care arrangement, which sees the children spending nine nights per fortnight with their mother and five with their father. In his application, he stated the mother “continues to make and disseminate untrue allegations against me”.
The mother had wanted a fact-finding hearing to take place to properly examine these allegations. The Family Courts had previously ordered such a hearing for June 2024, but this had been abandoned with the agreement of both parties—a decision the mother later said was made based on poor legal advice.
When the parents returned to Court in August 2025, Recorder Forshaw KC denied the mother’s request for a fact-finding hearing, based on factors including the length of Court time it would take and a conclusion that proving the allegations was not likely to bear upon the Court’s assessment of risk to the children.
The appeal: “remarkable” and “unacceptable” reasoning
The mother, represented by Melanie Bridgen, Partner in our Family Law team, as her solicitor, and Alex Laing of Coram Chambers as her barrister, successfully appealed the decision.
In his skeleton argument to the High Court, Alex Laing stated that “it is entirely unacceptable and unsustainable for the family court in 2025 to conclude that a pattern of oral, vaginal and anal rape; an assault; a threat of revenge pornography; what the police are classifying as attempted murder; stalking; etc are not reasonably likely, if proven, to impact the court’s decision on spending time arrangements and risk.”
Alex Laing argued that the idea that one parent could “engage in the repeated rape of another parent without impacting the welfare of the children, either directly or indirectly, is an outdated trope” and that “it is no longer acceptable in the family justice system for courts to operate on that basis”.
The “largely historical” characterisation
The lower Court Judge had described the mother’s allegations, the latest of which dated to 2024, as “largely historical”, noting that the parents were no longer in direct contact and conducted handovers of the children in public. Alex Laing told the High Court this characterisation was “equally and dangerously outdated”.
The High Court’s decision: a “wrong turn” corrected
Mr Justice Garrido KC on Monday described the lower Court’s decision as a “wrong turn” and ordered that a fact-finding hearing must take place.
“These allegations go to the heart of whether or not the children are at the very least at the risk of emotional harm from their father,” the High Court judge said.
He added that if the mother had fabricated such a course of conduct against the children’s father, the court needed to know “what risk she presents to the children”.
While acknowledging that ordering a fact-finding hearing would mean additional time before the case could be resolved, Mr Justice Garrido stated:
“It is clear to me that had [Forshaw] properly considered the way in which the allegations and counter-allegations would assist the court in determining the children’s welfare, he would indeed have paid that price.”
What is a finding of fact hearing and why does it matter?
A finding of fact hearing is a specific Court hearing where a judge examines disputed allegations and determines whether they occurred based on the evidence presented. In domestic abuse cases, these hearings are crucial because:
- They establish a factual foundation before any welfare decisions about children are made
- They provide a basis for accurate risk assessment of potential harm to children
- They prevent child arrangement decisions from being made on incomplete or unsafe information
- They give survivors the opportunity to present their evidence and be heard
- They allow proper examination of whether allegations are true or fabricated
Under Practice Direction 12J of the Family Procedure Rules, courts must consider whether domestic abuse is raised as an issue at all stages of proceedings and determine whether a fact-finding hearing is necessary.
Understanding the impact of domestic abuse on children
This ruling recognises what research and expert evidence consistently demonstrate: children are profoundly affected by domestic abuse between their parents, even when they are not the direct targets. The effects can include:
- Emotional and psychological trauma from witnessing or being aware of abuse
- Impact on their sense of safety and security in their home environment
- Long-term effects on relationships, attachment, and mental health
- Developmental and behavioural impacts that can persist into adulthood
- Risk of direct harm if exposed to a parent capable of serious violence
The suggestion that domestic abuse is “largely historical” or wouldn’t affect children if parents no longer have direct contact fundamentally misunderstands both the nature of domestic abuse and its lasting impact on children’s wellbeing.
Key principles confirmed by the High Court
Mr Justice Garrido’s judgment confirms several critical principles for family law proceedings:
1. Serious allegations must be properly examined: Where serious allegations of domestic abuse are raised, the Court must ensure they are thoroughly examined through a finding of fact process before any welfare assessment or contact recommendations can be made.
2. Domestic abuse is directly relevant to children’s welfare: Allegations of rape, attempted murder, stalking, and other serious abuse go to the heart of whether children are at risk of emotional or physical harm. Courts cannot simply dismiss such allegations as irrelevant to welfare decisions.
3. Recent allegations cannot be dismissed as “historical”: Characterising ongoing or recent allegations as “largely historical” is “dangerously outdated”, particularly where there are ongoing concerns about risk.
4. Time considerations must not override child safety: While the Court process may take longer with a fact-finding hearing, proper examination of serious allegations is essential for making safe welfare decisions about children.
5. Counter-allegations must also be examined: If a parent has fabricated serious allegations, this also presents risks to children that must be properly assessed.
What this means for survivors of domestic abuse
You have the right to request a fact-finding hearing: If you are making serious allegations of domestic abuse in family proceedings involving your children, you have the right to request that these allegations be properly examined.
Serious allegations should not be dismissed: Courts cannot simply conclude that domestic abuse allegations are irrelevant to children’s welfare without proper examination. Allegations of rape, violence, stalking, coercive control, and other serious abuse go to the heart of risk assessment.
“Historical” does not mean “irrelevant”: Recent or ongoing allegations should not be dismissed as “largely historical”, particularly where concerns about risk remain.
Expert legal representation is crucial: This case demonstrates the importance of experienced legal representation who understand both the law and the dynamics of domestic abuse, and who will robustly advocate for your right to be heard.
Poor legal advice can be challenged: If you have previously agreed to abandon a fact-finding hearing based on poor advice, it may be possible to appeal that decision.
Comment from our Family Law team
This ruling is not just about one case—it reflects a fundamental truth within the family justice system: that survivors must be able to speak, be heard, and have their experiences taken seriously.
Domestic abuse is rarely a single incident. It is a pattern of behaviour that can dominate, intimidate, and control, and its impact on children can be lasting. Recognising this is not about assigning blame, but about protecting families and ensuring that welfare decisions are based on truth, not denial or outdated assumptions.
How Nelsons Can Help
Melanie Bridgen is a Partner in our Family Law team with extensive experience representing survivors of domestic abuse in family proceedings.
At Nelsons, we have a dedicated team of experts who can provide specialist advice and representation in cases involving:
- Domestic abuse allegations in family proceedings
- Finding of fact hearings and appeals
- Child arrangement orders and residence disputes
- Non-molestation and occupation orders
- Appeals against family court decisions
- Emergency protective orders
We understand that survivors of domestic abuse often face particular challenges in family court proceedings, including having their experiences minimised or dismissed. Our team has the expertise and determination to ensure your voice is heard and your children’s safety is prioritised.
If you are experiencing domestic abuse or need advice on any related family law matters, please contact Melanie or another member of our team in Derby, Nottingham, or Leicester on 0800 024 1976 or via our online form.
We will be happy to discuss your circumstances in more detail and provide information about the services our family law team can provide, along with details of our hourly rates and fixed fee services.
Contact Us