The Family Court Roadmap

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Understanding the Journey and Why I Am Campaigning for a Mandatory Three-Tier Triage System

By Deanna Newell | Founder | DN Family Law

Introduction: Why This Guide Exists

The Family Court process can feel overwhelming.

For many parents, entering the system happens during one of the most difficult periods of their lives. They may be dealing with separation, conflict, concerns about their children’s wellbeing, financial pressures, or allegations that require careful investigation.

The purpose of this guide is to help families understand the journey through the Family Court and explain why I believe reform is needed.

My campaign is based on one simple principle:-

The Family Court should not start with assumptions.

It should start with assessment.

Every child deserves to be safe.

Every parent deserves a fair process.

Every decision should be based on evidence and the welfare of the child.

Part 1: Before Court – Understanding the Situation

Before an application is made, families often try to resolve arrangements themselves.

This may include discussions between parents, mediation where appropriate, parenting agreements, support from professionals.

However, not every family situation is the same. Some families are experiencing disagreements about routines, communication, parenting styles or how decisions about their children should be made.

Others may involve more serious concerns, including domestic abuse, coercive and controlling behaviour, financial or economic abuse, child welfare concerns, allegations of harm.

These different situations require different levels of support, assessment and intervention.

This is where I believe that a mandatory Three-Tier Triage System should begin.

Understanding the Complexity of Family Disputes

Family breakdown can be extremely complex.

Alongside concerns about children’s arrangements, families may also experience disputes involving finances, communication difficulties and unresolved conflict.

There are growing concerns that labels such as “parental alienation” can sometimes be used within family disputes without fully exploring the reasons behind a child’s feelings, behaviour or wishes.

A child’s voice should always be understood in context.

The important questions should be:-

• What is happening for this child?

• Why does the child feel this way?

• Are there safeguarding concerns that need to be explored?

• What evidence supports the concerns being raised?

A label should never replace proper assessment.

Financial Conflict, Economic Abuse and Control

Family conflict can also involve financial disputes, including disagreements around child maintenance and financial responsibilities.

Where financial pressure, withholding agreed financial support, or using money as a way to control, punish or exert pressure on another parent occurs, this may form part of a wider pattern of financial or economic abuse.

Similarly, where child arrangements or contact decisions become linked to financial disputes, control, punishment or attempts to gain leverage over the other parent, these issues require careful consideration.

Where financial pressure, threats, withholding of support, or using a child’s relationship with a parent as a means of control forms part of a wider pattern of behaviour, this may be relevant to concerns around:

• Financial abuse

• Coercive control

• Emotional abuse

These behaviours can have a significant impact on the wellbeing of both parents and children, creating stress, instability and emotional harm.

In some circumstances, prolonged exposure to conflict, control or instability can have a detrimental impact on a child’s emotional wellbeing, development and overall welfare.

Financial matters and child arrangements should never become tools within adult conflict. However, every case must be assessed individually.

The Family Court must consider:-

• The evidence available

• The wider pattern of behaviour

• The reasons behind the dispute

• The impact on the child

• Any safeguarding concerns

The aim should always be to identify risk, protect children and ensure fairness.

Why Early Assessment Matters

A mandatory triage system would help identify the level of support each family requires from the beginning. It would help ensure:-

• Families with no safeguarding concerns receive appropriate support quickly.

• Families experiencing conflict receive early intervention.

• High-risk cases receive specialist safeguarding assessment.

• Allegations are properly investigated.

• Children remain at the centre of decision-making.

The Family Court should not start with assumptions.

It should start with assessment.

Part 2: Starting the Family Court Process

When parents cannot reach an agreement, they may apply to the Family Court.

A parent may apply for orders relating to:-

Child Arrangements Orders

Decisions about where a child lives and the time they spend with each parent.

Specific Issue Orders

Decisions about a specific aspect of a child’s upbringing, such as education or medical decisions.

Prohibited Steps Orders

Restrictions preventing a parent from making certain decisions without permission from the court.

The court’s primary consideration is always - What is in the child’s best interests?

Part 3: Safeguarding Checks and Assessment

When a case begins, safeguarding information is considered.

This may involve:-

• Information provided by parents

• Relevant evidence

• Concerns raised about safety or welfare

• Assessments by professionals involved in the case

The court may also involve CAFCASS, who consider issues affecting children’s welfare and provide recommendations.

However, the complexity of cases varies greatly.

A straightforward parenting disagreement should not be treated the same as a case involving serious safeguarding concerns.

Part 4: The Challenge Within the Current System

The Family Court manages a wide range of cases.

Some families need support to resolve disagreements.

Other families need urgent safeguarding intervention.

When all cases enter the same pathway, there is a risk that:-

• High-risk cases may not receive the specialist assessment they need quickly enough

• Lower-risk cases may experience unnecessary delays

• Children’s voices may become lost during adult conflict

• Important evidence may not receive the attention it requires

The answer is not to believe one parent over another.

The answer is to create a system that properly identifies risk.

Part 5: My Proposal – A Mandatory Three-Tier Triage System

Tier 1 – Standard Assessment

For cases where:-

• There are no safeguarding concerns

• Parents are able to communicate

• The main issues relate to arrangements and practical decisions

  
  

The aim; Faster resolution. Less conflict. Reduced pressure on the court system.

Tier 2 – Early Intervention

For cases where:-

• Conflict is increasing

• Communication has broken down

• Children are experiencing difficulties

• Additional support may be needed

The aim: Identify concerns as early as possible. Provide appropriate support. Prevent problems escalating.

Tier 3 – High-Risk Safeguarding Assessment

For cases involving serious concerns such as:-

• Domestic abuse

• Coercive control

• Sexual abuse allegations

• Child abuse concerns

• Serious violence

• Significant safeguarding risks

The aim: To ensure that risks are identified quickly. Ensure evidence is properly considered. Ensure decisions about children are made with safety at the centre.

Part 6: Why This Reform Is Needed

A mandatory triage system would help create a more consistent approach.

It would help ensure that-

• Children at risk are identified earlier

• Genuine victims receive appropriate protection

• Allegations are properly investigated

• Children’s voices are heard

• Lower-risk cases are not delayed unnecessarily

• Decisions are based on evidence rather than assumptions

Part 7: Understanding Labels and Conflict

Family disputes can become extremely complex.

Sometimes concerns are raised about abuse or safety. Sometimes disputes involve communication breakdown, financial disagreements or unresolved conflict.

There are also concerns that labels such as “parental alienation” can sometimes be used without fully exploring the reasons behind a child’s feelings, behaviour or wishes.

A label should never replace investigation.

The important questions should always be:-

What is happening for this child?

Why does the child feel this way?

What evidence supports the concerns being raised?

Are there safeguarding issues that need to be addressed?

Every case must be considered individually.

Part 8: The Vision for Change

My campaign is not about mothers versus fathers.

It is not about winning or losing.

It is about creating a Family Court system that:-

• Listens carefully

• Investigates properly

• Understands safeguarding

• Recognises complexity

• Keeps children at the centre of every decision

Children only get one childhood.

The decisions made in Family Court can affect their lives for years to come.

That is why we need a system that identifies risk early, provides the right support and ensures that every child’s welfare comes first.

The Family Court should not start with assumptions.

It should start with assessment.

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Deanna Newell | Founder | DN Family Law

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