Introduce a Mandatory Family Court Transparency Checklist to Protect Children and Prevent Abuse

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Children First. Truth First.

Family courts in England and Wales are built on a clear legal foundation:-

• The child’s welfare is paramount under the Children Act 1989

• Abuse, including economic control, is recognised under the Domestic Abuse Act 2021

On paper, the system is clear.

In reality, it is not.

Critical decisions about children are still being made without the full picture.

This is not a gap. This is a structural failure.

The Reality the System Can’t Ignore

In private law children cases:-

• Up to 87% of closed cases involve allegations of domestic abuse

• Around 73% of hearings raise abuse-related concerns

• Nearly 80% of cases involve at least one litigant in person

• Over 34,500 new cases annually, impacting 50,000+ children

These are not just statistics.

They are children growing up inside conflict the system is failing to resolve.

The Core Problem: Narrative Over Evidence

Family courts are increasingly forced to rely on competing personal accounts.

But let’s be clear:

Narratives are not evidence.

Allegations are not proof.

Without structured, mandatory disclosure, courts are making life-changing decisions without:-

• Verified financial reality

• Clear power dynamics

• Evidence-based caregiving history

• Full post-separation context

And when that happens, risk enters the room.

What Slips Through the Cracks

When there is no requirement to present the full picture:-

• Economic abuse can remain hidden

• Financial imbalance goes unexamined

• Post-separation coercion can continue through proceedings

• Conflict is prolonged instead of resolved

This is not about individual blame.

This is about a system that does not consistently demand the truth upfront.

The Unspoken Issue: Financial Dynamics in Child Arrangements

There is a growing concern raised by parents and professionals alike.

In some cases, financial outcomes and child arrangements become intertwined.

This does not mean every case is driven by money.

It does mean the system currently lacks the tools to properly identify when financial factors are influencing behaviour.

At the same time, another reality exists.

Some parents, often those leaving unsafe or controlling relationships are:-

• Left with little or no financial support

• Struggling to secure stable housing

• Managing children’s needs with limited resources

• Facing inconsistent or unpaid child maintenance

These are not rare situations.

They are happening now.

The Dangerous Gap

Without structured, evidence-based questioning at the start of proceedings, courts may not be able to clearly distinguish between:-

• Genuine safeguarding concerns

• Normal post-separation conflict

• Situations where financial pressures are shaping decisions

That gap matters.

Because when the system cannot see clearly, children absorb the consequences.

Children Are Paying the Price

Children should never:-

• Be placed in financial instability due to adult conflict

• Lose meaningful relationships because of financial disputes

• Be exposed to ongoing coercion or control after separation

And yet, without full transparency, these risks remain.

The Missing Safeguard

There is currently no mandatory, standardised requirement for both parents to:-

• Provide verified financial disclosure

• Evidence caregiving roles

• Set out post-separation living realities

• Align claims with factual documentation

Instead, the system often begins with;

“He said / She said”

That is not a safe foundation for decisions about children.

The Solution: Truth at the Start

A Mandatory Family Court Transparency Checklist at triage would change everything.

Not by adding complexity, but by demanding clarity from the beginning.

Both parents would be required to provide evidence-based disclosure, including:-

• Financial position

• Housing stability

• Child maintenance reality

• Parenting roles

• Safeguarding concerns

Not opinions.

Not strategy.

Facts.

Why This Matters

Because without structure:-

• Cases drag on

• Conflict escalates

• Public money is drained

• Children remain in limbo

With transparency:-

• Courts make better decisions

• Abuse is easier to identify

• False or exaggerated claims are reduced

• Outcomes are faster and fairer

Accountability Is Not Optional

Family courts are courts of law.

They are not designed to manage unchecked narratives.

Parents must be expected to:-

• Provide evidence

• Be honest about finances and care

• Take responsibility for what they present

Because when accountability is missing,

the system itself can become part of the harm.

What Needs to Change

We are calling for:-

• A mandatory Family Court Transparency Checklist

• Evidence-backed disclosure at the start of every case

• Recognition of economic abuse as central to child welfare

• Better alignment between financial reality and legal decisions

• Proper training for professionals across the system

This Is Bigger Than Procedure

This is about what happens when the system gets it wrong.

When courts don’t see the full picture:-

• Children lose stability

• Safe parents can fall into poverty

• Conflict becomes a long-term environment

And those outcomes don’t end when the case does.

They shape childhood.

Final Line

Children are not leverage.

Not for money. Not for control. Not for conflict.

But without transparency, they risk becoming all three.

No transparency. No justice. No truth. No protection.

Children first means truth first.

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Deanna Newell Family Law

Advocacy for truth-tellers, survivors, and the children who deserve better