Children’s Safety Must Come First: Why Family Justice Needs Mandatory Triage, Evidence and Accountability
- Deanna Newell
- 5 hours ago
- 4 min read
A child’s safety should never depend on assumptions, competing narratives or a system that identifies risk only after harm has occurred.
Every time a child is harmed during court-ordered contact with an unsafe parent, society is left asking the same question:
Why was contact prioritised over safety?
This is not about one parent, one family or one individual decision.
It is about whether our family justice system has the right processes to identify risk, understand complex family circumstances and make decisions that truly put children first.
Family Justice Must Start With Assessment, Not Assumptions
Family courts make some of the most important decisions affecting children’s lives.
And yet too often, cases can be approached as if they are simply disputes about contact, when some situations involve much more complex issues:-
Domestic abuse
Coercive control
Economic abuse
Financial disputes
Trauma
Safeguarding concerns
Concerns about manipulation or controlling behaviour
Not every family case is the same.
Some families need support to rebuild safe relationships.
Others require specialist safeguarding assessment.
The system must be able to identify the difference.
Domestic Abuse Is Not Always Visible
Domestic abuse does not always leave physical injuries. Coercive control, psychological abuse, intimidation and economic abuse can continue long after separation.
Economic abuse can include controlling access to money, creating financial insecurity, withholding support, or using financial pressure as a means of maintaining power and control.
For many survivors, separation does not necessarily end abuse. It can continue through disputes over finances, children and legal processes.
These behaviours require specialist understanding and proper assessment.
Evidence Must Come Before Decisions
Family justice cannot be based on who tells the most convincing story.
It must be based on evidence.
Where allegations of abuse are raised, they must be taken seriously and properly assessed. Genuine survivors must be recognised and protected.
However, a system that does not carefully test evidence can also create harm.
Where allegations are knowingly false or used as a tactic to influence outcomes, control another person or escalate conflict, this can have serious emotional consequences for children and families.
Accountability must apply to all harmful behaviour.
The question should always be;
What does the evidence show, and what keeps the child safe?
Financial Abuse, Child Maintenance and Control
Financial issues are often at the heart of family conflict.
Child maintenance exists to support children and ensure they receive the resources they need. It should never become a weapon in adult conflict.
A fair system must address-:
Inaccurate financial information
Hidden or unclear income
Failure to meet children’s needs
Financial pressure used to create hardship
Attempts to misuse financial processes as a form of control
At the same time, financial disputes must be assessed properly and fairly.
The answer is not assumptions.
The answer is transparency.
When Child Arrangements and Finances Become Tools of Control
In some cases, concerns about contact are genuine safeguarding issues that require protection and careful assessment.
However, there can also be situations where access arrangements, financial demands, or disputes over child maintenance become part of a wider pattern of control, conflict or emotional harm.
Restricting a child’s relationship with the other parent without evidence-based safeguarding reasons can have a serious emotional impact on children and families.
Equally, failing to recognise genuine risks can place children in unsafe situations.
This is why family justice cannot rely on assumptions or one-sided narratives. It must assess:-
The evidence behind concerns about contact
The child’s wishes and welfare
Patterns of behaviour and control
Financial transparency and responsibility
Whether processes are being used to protect children or to exert pressure on another parent
Child maintenance and child arrangements must remain focused on one purpose;
The wellbeing, stability and safety of the child.
A modern family justice system must be able to identify when financial issues, restricted contact, or legal processes are being used appropriately, and when they may be contributing to further harm.
Follow the Evidence. Follow the Risk. Follow the Money
Children’s futures should never depend on:-
Who has the strongest narrative
Who has the greatest financial resources
Who can create the most conflict, or,
Who can use the system most effectively
The family justice system must look deeper. It must ask:-
Are there indicators of coercive control?
Are there safeguarding risks?
Are finances transparent?
Has the child’s voice been heard?
What support or intervention is required?
The Case for Mandatory Family Justice & Child Maintenance Triage
This is why DN Family Law is calling for a Mandatory Three-Tier Family Justice & Child Maintenance Triage System. A system that ensures families receive the right assessment before decisions are made.
Tier 1 — Standard Assessment
For cases where:-
Arrangements are straightforward
Risks are low
Financial information is clear
No significant safeguarding concerns are identified.
Tier 2 — Enhanced Assessment
For cases involving:-
Domestic abuse concerns
Coercive control
Economic abuse
Complex finances
Disputed child arrangements
Concerns about manipulation, conflict or inaccurate information
These cases require specialist review before decisions are made.
Tier 3 — Multi-Agency Safeguarding Review
For cases where:-
Children may be at significant risk
There are serious safeguarding concerns
Multiple agencies need to work togethe.
Children’s safety cannot depend on a fragmented system where important information is missed.
Reform Must Protect Children and Ensure Fairness
A safer family justice system must achieve both:-
Protection for genuine survivors and vulnerable children
Fair, evidence-based assessment for every family
The aim is not to prevent safe relationships.
The aim is to prevent unsafe decisions.
Children deserve:-
To be heard
To be protected
To have their welfare placed above adult conflict
To have decisions made using the right information
The Question Must Change
The first question should not simply be; “How do we preserve contact?”
The first question must always be: “What keeps this child safe?”
Family justice reform cannot wait until after another tragedy.
We need a system that identifies risk earlier, understands abuse better, ensures financial transparency and holds harmful behaviour accountable.
Mandatory triage is not about choosing sides.
It is about choosing safety, evidence and accountability.
Deanna Newell
Founder - DN Family Law | Campaigning for Change
Deanna Newell | Founder | DN Family Law
Advocacy for truth-tellers, survivors, and the children who deserve better
