A New Dawn for Safety: How the Updated Cafcass Domestic Abuse Guide is supposed to be Reshaping Family Law.

Written By Aspen Family Law, March 2025

The family justice system has long grappled with the complexities of domestic abuse, their overriding duty is to protect children and victims, while navigating difficult parental disputes. In a significant leap forward, Cafcass (Children and Family Court Advisory and Support Service) rolled out its updated Domestic Abuse Practice Policy in October 2024. This new guide isn't just a minor revision; it represents a fundamental shift in how domestic abuse is understood, assessed, and responded to in private family law proceedings, with profound implications for child arrangements and the experience of families in court.

Moving Beyond "Allegations": A Trauma-Informed Approach, or is it?

One of the most impactful changes in the new Cafcass policy is its commitment to a trauma-informed and child-centred approach. Previously, language in reports might have minimised experiences of abuse using terms like "claims" or "alleges." The new policy explicitly prohibits such language, instead requiring Cafcass officers to use the victim's own words and accurately record their experiences and the impact of the abuse. This subtle yet powerful change aims to reduce the re-traumatisation of victims and survivors within the court process.

Furthermore, the policy emphasises that domestic abuse is not just about physical violence. It now places a greater focus on understanding and identifying all forms of abuse, particularly coercive and controlling behaviour, which can be just as insidious and damaging, some survivors of abuse will tell you it is worse. Cafcass officers are now trained to explore how these harmful behaviours have impacted the child directly, and how they may affect their safety, well-being, and future relationships. This moves away from a simplistic "he said, she said" dynamic, to a deeper analysis of power imbalances and the psychological effects of abuse.

Key Shifts in Practice and Recommendations;

The updated Cafcass guide introduces several critical changes in how Family Court Advisers (FCAs) operate:

• Structured Harm Analysis: A clearly defined three-stage framework now guides officers in analysing harm:

  1. Identifying harmful behaviour: Pinpointing the specific abusive actions.

  2. Understanding impact on the child: Assessing how the abuse has affected the child's safety and well-being.

  3. Professional judgment: Determining how this impact should influence decisions about contact or living arrangements. This structured approach aims for more balanced, evidence-informed recommendations.

• Prioritising Safety Over Contact: While the Children Act 1989 has a general presumption that contact with both parents is in a child's best interests, the new Cafcass policy heavily qualifies this in cases of domestic abuse. It stipulates that FCAs should avoid recommending contact unless there is clear evidence that:

  • The perpetrator acknowledges the harm caused.

  • They have taken meaningful and sustained steps to change their behaviour.

  • The risk of future harm has been demonstrably eliminated. This is a significant departure from previous approaches that sometimes prioritised contact at almost any cost, and it empowers FCAs to recommend no contact or highly supervised contact when safety cannot be guaranteed.

• No Parental Supervision of Contact: Crucially, the new policy states that practitioners must never recommend parental supervision of "spend time with" arrangements when the proposed supervising parent has disclosed domestic abuse by the other parent. This prevents victims from being placed in a position where they must facilitate contact with their abuser.

• Focus on Perpetrator Accountability: The guidance puts a greater onus on the abusive parent to demonstrate genuine change and accountability. FCAs are now required to assess if the perpetrator has taken responsibility for the harm caused and has taken action to sustain changes in their attitude and behaviour. Without clear evidence of this, recommendations for contact are unlikely.

• Cultural Context: The updated policy encourages officers to consider cultural factors when assessing family dynamics, ensuring decisions are fair, well-informed, and sensitive to individual circumstances.

• Avoiding "Parental Alienation" Misuse: The guide also addresses concerns around the concept of "parental alienation," ensuring it is not misused to dismiss genuine allegations of abuse or to re-victimise protective parents.

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Impact on Family Law Cases

These changes have a profound impact on how family law cases involving domestic abuse are handled:

• More Rigorous Risk Assessment:Legals and parties can expect more thorough and nuanced risk assessments from Cafcass, with a deeper exploration of the nature and impact of abuse on children.

• Challenging "Contact at All Costs" Mentality: The shift in emphasis means that securing contact for an abusive parent will be significantly harder if they have not genuinely addressed their behaviour and if safety concerns persist.

• Empowering Victims: By validating their experiences and reducing re-traumatisation, the policy aims to empower victims to participate more effectively in proceedings and feel more confident that their safety is paramount.

• Increased Scrutiny of Perpetrator Behaviour: Abusive parents will face greater scrutiny regarding their insight into their behaviour and any genuine steps taken towards change.

• Potential for Longer Cases: In some instances, the need for thorough risk assessments and, where necessary, fact-finding hearings, might lead to longer proceedings as the court ensures all safety concerns are fully addressed before making final orders.

• Alignment with PD12J: The Cafcass policy reinforces and aligns with the principles of Practice Direction 12J, ensuring that the court's overarching duty to safeguard children in domestic abuse cases is consistently applied throughout the Cafcass assessment process.

While still relatively new, the updated Cafcass Domestic Abuse Practice Policy marks a crucial step forward in improving the safety and welfare of children and adults in family law proceedings. By adopting a more trauma-informed, child-centred, and rigorous approach to domestic abuse, it aims to create a more just and protective environment for families navigating these challenging circumstances.