An Open Letter to the United Nations: Building Evidence-Based Family Justice Systems That Put Children First
Dear United Nations,
I am writing to call for greater international recognition of the importance of evidence-based family justice systems that place children’s rights, safety and welfare at the centre of every decision.
When families separate, children can experience some of the most difficult and uncertain periods of their lives. Separation can involve disputes about living arrangements, parental relationships, safeguarding concerns, domestic abuse, coercive control, economic abuse, financial responsibilities and changing family circumstances.
These issues are complex and require careful, balanced and evidence-based assessment.
Children should never become the centre of adult conflict.
Every child has the right to have their welfare prioritised, their experiences considered in an age-appropriate way and decisions about their future made on the basis of evidence rather than assumptions.
Children Are Not Messengers or Decision-Makers
Children should never be placed in the position of being messengers, negotiators or responsible for managing adult conflict.
Children are children.
The responsibility for protecting them from conflict belongs to the adults around them.
Children should not be expected to choose between parents, decide whether they should have a relationship with a parent, carry messages between adults or feel responsible for adult decisions.
These are responsibilities of parents and professionals.
Where a child has a safe and appropriate relationship with both parents, adults should support that relationship while ensuring that the child’s emotional wellbeing remains the priority.
Equally, where evidence identifies abuse, neglect, coercive control or safeguarding risks, those concerns must be properly assessed and appropriate protective action taken.
The focus must always remain on the individual child, their needs and their safety.
Moving Away From Assumptions
Family justice should not be driven by assumptions about mothers, fathers or family structures.
A parent’s gender, relationship status or personal circumstances should not automatically determine whether they are considered a safe or unsafe parent.
Parents may remarry, enter new relationships, have additional children, move home, change employment or create blended families.
These changes are a normal part of modern family life.
However, changes in family circumstances should be assessed by looking at their impact on the child, not judged simply because they have occurred.
A new partner, a blended family or changing circumstances do not automatically make someone a better or worse parent.
The question must always be: “What does the evidence show, and what arrangement best promotes this child’s welfare?”
The Importance of Fair and Evidence-Based Assessment
Across many family justice systems, straightforward cases and highly complex cases are often processed through the same pathway.
This can result in:-
Safeguarding concerns not being identified early enough
Coercive control continuing after separation
Financial and economic abuse remaining hidden
Complex income arrangements not receiving sufficient scrutiny
Repeated breaches of child arrangements continuing without timely intervention; and
Children experiencing prolonged uncertainty.
A modern family justice system must identify complexity earlier and ensure the right level of assessment is provided at the right time.
A Mandatory Three-Tier Family Assessment System
I believe there is a need for a Mandatory Three-Tier Family Assessment System across family justice and child maintenance systems.
The purpose is not to favour mothers or fathers.
The purpose is to ensure that every child and every family receives a proportionate, structured and evidence-based assessment.
Tier One – Standard Assessment
For cases where there are no indicators of safeguarding concerns or significant complexity.
Tier Two – Enhanced Family and Financial Assessment
For cases involving:-
Domestic abuse
Coercive or controlling behaviour
Economic or financial abuse
Disputed child arrangements
Repeated breaches of court orders
Complex self-employed or company finances
Concerns regarding financial transparency
Significant parental conflict; or
Other indicators requiring enhanced assessment
Tier Three – Court and Multi-Agency Safeguarding Review
For the most complex cases requiring coordinated assessment by courts, safeguarding professionals and relevant agencies.
This would ensure decisions are based on the fullest available evidence rather than assumptions, allegations alone or incomplete information.
Child Arrangements and Financial Conflict
Child arrangements and financial responsibilities can sometimes become connected after separation.
In some systems, including child maintenance arrangements linked to overnight care, disagreements can arise about the pattern of time children spend with each parent.
Where concerns are raised that financial incentives may influence child arrangements, these concerns should be examined objectively alongside all available evidence.
A child’s relationship with either parent should never be created, restricted or increased because of financial advantage or disadvantage.
Children should never become part of financial negotiations between adults.
Decisions about where a child lives and the time they spend with each parent should always be based on:-
Their safety
Their emotional wellbeing
Their developmental needs
Their wishes and feelings where appropriate; and
The evidence available
Recognising Domestic Abuse and Safeguarding Concerns
Domestic abuse, coercive control and economic abuse can affect women and men.
Every safeguarding concern raised by either parent should be taken seriously and assessed fairly. Allegations should neither automatically be accepted nor dismissed because of the gender of the person raising them.
A fair system must protect victims, support safe relationships and ensure that decisions are based on evidence.
The aim should not be to support one parent over another. The aim should be to protect children and ensure the safest and most appropriate outcome.
A Child-Focused Future
Children deserve a system that:-
Identifies risks early
Listens to their voices safely
Protects them from harm
Supports safe relationships where appropriate
Recognises the realities of modern families
Ansures financial matters are transparent; and
Provides timely and fair decisions
Parents deserve confidence that concerns will be properly investigated and that decisions will not be based on assumptions.
Professionals deserve a framework that helps them identify complexity early and provide appropriate support.
The protection of children’s rights requires more than principles.
It requires systems that work in practice.
I respectfully call upon the United Nations and organisations committed to children’s rights, equality and access to justice to support the development of stronger, evidence-based family justice approaches worldwide.
Children should never be asked: “Which parent do you choose?”
They should never be made responsible for adult decisions. The responsibility belongs to adults and institutions to create safe, stable and child-focused arrangements.
The question must always be: “What does the evidence show, and what is truly in this child’s best interests?”
It is time to replace assumptions with evidence.
It is time to build family justice systems that protect children, support families and deliver fair outcomes.
Yours faithfully,
Deanna Newell | Founder,DN Family Law
Campaigning for Change in Family Justice and Child Maintenance Reform
Deanna Newell | Founder | DN Family Law
Advocacy for truth-tellers, survivors, and the children who deserve better
