Mandatory Three-Tier Triage in the Family Court: Putting Children’s Safety First

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By Deanna Newell | Founder, DN Family Law

Family law is about more than legal arguments. It is about children, families and some of the most difficult decisions a court can make.

Every day, judges are asked to decide where children should live, who they should spend time with, and how to balance a child’s right to have a relationship with both parents against the need to protect them from harm.

These decisions are rarely straightforward however one thing should always be simple;

Children’s safety must come first.

Recent Cases Show Why Reform Is Needed

Recent High Court judgments have highlighted serious concerns about how allegations of domestic abuse, coercive control and sexual violence are sometimes handled within the Family Court.

In one recent case, the High Court overturned a Family Court decision that had allowed overnight contact between a father and his children while allegations of repeated rape remained under active police investigation.

The High Court found that the Family Court had been wrong to dismiss such serious allegations without proper consideration.

This case is not simply about one family.

It raises wider questions about safeguarding, judicial decision-making and whether our current system identifies risk early enough to protect children.

The Law Already Places Children’s Welfare First

The Children Act 1989 makes it clear that a child’s welfare is the court’s paramount consideration.

The court must carefully consider factors such as:-

• The child’s wishes and feelings, where appropriate

• Their physical, emotional and educational needs

• The likely effect of any changes in their circumstances

• Any harm they have suffered or may be at risk of suffering

• Each parent’s ability to meet their needs

Where domestic abuse is alleged, Practice Direction 12J requires the court to consider the impact of abuse on both the child and the non-abusive parent before making decisions about child arrangements.

The law is there.

The challenge is to ensure that it is applied consistently.

Domestic Abuse Is More Than Physical Violence

Domestic abuse does not always leave visible injuries. It can include:-

• Coercive and controlling behaviour

• Emotional abuse

• Psychological abuse

• Economic and financial abuse

• Sexual abuse

• Stalking and harassment

Many victims spend years living in fear before seeking help.

Children living in these environments are also victims, even when they are not the direct target of the abuse.

That is why safeguarding assessments must be thorough and evidence-based.

We Also Need Fair and Robust Investigations

Family Courts deal with highly emotional cases.

Some allegations are supported by compelling evidence and require immediate protective action.

Others require careful investigation before conclusions can be reached.

Justice demands that every allegation is taken seriously, investigated fairly, and assessed on the evidence available.

Neither dismissing allegations without proper examination nor making assumptions without evidence serves children well.

My Proposal: A Mandatory Three-Tier Triage System

I believe every private family law application should undergo mandatory triage before progressing through the court process.

Tier 1 – Standard Assessment

For straightforward cases where there are no safeguarding concerns and parents are able to cooperate.

These cases should move through the system efficiently, reducing delays and costs.

Tier 2 – Early Intervention

For cases involving communication difficulties, emerging conflict or lower-level welfare concerns.

Early support and assessment could prevent disputes from escalating and help families reach safe, child-focused solutions.

Tier 3 – High-Risk Safeguarding

For cases involving allegations or evidence of:-

• Domestic abuse

• Coercive and controlling behaviour

• Sexual abuse

• Child abuse

• Serious violence

• Stalking

• Significant safeguarding concerns

These cases should receive immediate specialist assessment before decisions about child arrangements are made.

Why This Matters

A structured triage system would ensure that:-

• High-risk cases receive urgent safeguarding

• Children are protected at the earliest opportunity

• Court resources are used more effectively

• Lower-risk cases progress without unnecessary delay

• Decisions are based on evidence rather than assumptions

This is not about favouring mothers.

It is not about favouring fathers.

It is about identifying risk properly and protecting children.

Building Public Confidence

Families deserve confidence that the Family Court will:-

• Listen carefully

• Assess evidence fairly

• Understand the dynamics of domestic abuse

• Recognise coercive control

• Prioritise children’s welfare

When people lose confidence in the justice system, everyone loses.

A consistent triage process would improve transparency, strengthen safeguarding and support better decision-making.

My Campaign for Reform

I am campaigning because I believe we can build a better Family Court system.

One that protects genuine victims.

One that respects due process.

One that investigates concerns thoroughly.

One that places children’s welfare above conflict.

A Mandatory Three-Tier Triage System would not solve every problem overnight. But it would provide a stronger foundation for identifying risk early, allocating cases appropriately and ensuring that children remain at the heart of every decision.

Family justice should never be a lottery.

It should be consistent.

It should be evidence-based.

And above all, it should keep children safe.

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Deanna Newell | Founder | DN Family Law

Campaigning for Family Court reform, child - centred Justice, and better safeguarding