Domestic Abuse: Family Proceedings

The Government is committed to reforming the Family Court in order to better support victims and survivors of domestic abuse.

Practice Direction 12J (PD12J) applies in private law children’s proceedings where the court is considering where a child should live and with whom they should spend time, where domestic abuse is alleged, or admitted. Part of the focus of PD12J is on how the court must consider the risks involved in cases of this nature and on the steps it must take the manage those risks appropriately. PD12J is kept under regular review, with the most recent updates coming into force on 5 January 2026.

Whilst PD12J does not apply in wider proceedings, for example public law children’s cases, section 1 of the Children Act 1989 provides a statutory requirement that in all children’s proceedings the court’s paramount consideration is the child’s welfare. In determining this, the court must have particular regard to the welfare checklist set out in section 1. This includes consideration of any harm the child has suffered or is at risk of suffering, which may include harm arising from experiencing domestic abuse.

PD12J does not apply to financial proceedings on divorce. However, on 5 June the Government launched A Fairer End to Relationships consultation, which considers issues relating to the law of financial proceedings on divorce and domestic abuse. The consultation closes on 14 August and we will give careful consideration to the responses we receive, including where they relate to domestic abuse protections.