Why I’m Calling for a Mandatory Three-Tier Triage System in the Family Court

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By Deanna Newell | Founder of DN Family Law

Every time I read another story about a Family Court decision being overturned because serious safeguarding concerns weren’t properly considered, I ask myself the same question:

Why are we still getting this wrong?

Family Court judges have one of the hardest jobs imaginable. They have to make life-changing decisions for children and families, often with limited time and complex evidence. I don’t envy that responsibility.

However, when cases involve allegations of domestic abuse, coercive control, rape, child abuse or serious violence, we simply cannot afford to get those decisions wrong.

Children deserve better.

And so do the victims.

Recently, another High Court judge overturned a Family Court decision after finding that serious allegations, including rape allegations that were still being investigated by the police, had effectively been brushed aside when deciding a father’s contact with his children.

Sadly, this isn’t the first time we’ve seen concerns like this. As someone who works with families and campaigns for reform, I believe these cases highlight something much bigger than one individual judgment.

They highlight a system that needs to identify risk much earlier.

Every Family Is Different

One of the biggest problems is that the Family Court often treats every case as though it follows the same pathway. But it doesn’t.

Some parents separate and simply need help agreeing arrangements for their children.

Some families experience high levels of conflict but no abuse. Others involve genuine domestic abuse, coercive control, sexual violence or significant safeguarding concerns.

Those cases should never be treated the same.

They need different levels of assessment, different levels of support and, where necessary, different levels of protection.

We Must Protect Genuine Victims

Domestic abuse is real.

Coercive control is real.

Children witness things that no child should ever have to witness.

I’ve spoken to many parents who have lived through years of abuse before finding the courage to seek help. Their experiences deserve to be taken seriously, and their children deserve to be protected.

The law already says that a child’s welfare comes first.

The challenge is making sure that happens consistently in practice.

But Fairness Matters Too

Wanting better safeguarding doesn’t mean abandoning fairness.

Every allegation should be taken seriously.

Every allegation should be properly investigated.

Family Courts should never ignore genuine abuse, but equally they should carefully assess the evidence before reaching conclusions.

Justice depends on getting that balance right.

But we also need a system that looks at the whole picture. Family disputes can involve many different issues, including communication breakdown, conflict, finances and disagreements about children’s arrangements.

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 this child feel this way?

Are there safeguarding concerns that need to be understood?

What evidence supports the concerns being raised?

Every family is different.

That’s Why We Need Mandatory Triage

If someone arrives at A&E with a cut finger, they aren’t treated in the same way as someone having a heart attack.

The NHS uses triage because not every case carries the same level of risk.

I believe the Family Court should do exactly the same. Every case should be assessed at the very beginning to identify the level of safeguarding risk.

Low-risk cases could move through the court much more quickly.

More complex cases could receive early support and intervention.

High-risk cases involving domestic abuse, coercive control,  financial and economic abuse, child abuse or sexual violence should immediately receive specialist safeguarding assessment before decisions about child arrangements are made.

It isn’t about slowing the system down.

It’s about making the right decisions from the start.

This Isn’t About Choosing Sides

One thing I want to be absolutely clear about is this.

This isn’t about believing all mothers.

It isn’t about believing all fathers.

It’s about believing that every child deserves a safe, fair and evidence-based decision.

The vast majority of parents simply want what’s best for their children.

Unfortunately, there are also cases where abuse is very real, and there are cases where the court has to carefully assess conflicting accounts before reaching a decision.

That’s exactly why a structured triage process is needed.

We Can Do Better

I genuinely believe the Family Court can improve.

I don’t believe judges come to work wanting to make the wrong decisions.

I believe many are working under enormous pressure with growing caseloads.

But the system itself needs strengthening. A Mandatory Three-Tier Triage System would help identify high-risk families earlier, direct resources where they are most needed, and ensure that children’s safety remains the priority from day one.

For me, this campaign has never been about blaming individuals. It’s about improving a system that thousands of children rely on every year.

Because when it comes to children, getting it right isn’t just important.

It’s everything.

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Deanna Newell Family Law

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