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Family courts in England and Wales have been failing women and children for years and are in urgent need of reform, according to justice minister Alison Levitt.
Speaking as the government prepares a major overhaul of the family justice system, Levitt said the current model is “not good enough” and has often resulted in unfair treatment of vulnerable individuals. The proposed reforms aim to shift the system away from adversarial legal battles toward a more child-focused, problem-solving approach.
The changes will see courts prioritise the welfare of children while encouraging out-of-court resolutions wherever possible. Officials believe this new model will reduce emotional trauma for families and help speed up legal processes. Early trials of child-focused courts have already shown improvements, including shorter waiting times and a reduction in case backlogs.
The new approach will be applied to all Section 8 cases, which deal with child arrangements such as where a child lives and how much time they spend with each parent.
Levitt, who previously served as a legal adviser to Keir Starmer, acknowledged that the justice system has historically failed to treat women fairly. While she noted that progress has been made, she stressed that further reform is necessary to ensure a more balanced and just system.
Her comments come amid ongoing debate over plans to remove the legal presumption that both parents should automatically have involvement in a child’s life. Critics have accused the reforms of being biased, but Levitt rejected those claims, arguing that the measures are intended to correct existing inequalities rather than create new ones.
Campaigners have long raised concerns that abusers can exploit the family court system to maintain control over former partners. This may include making counter-allegations or using disputed concepts such as “parental alienation.” Levitt questioned the legitimacy of such claims, saying they lack clear scientific evidence.
She also highlighted concerns over how victims of domestic abuse are treated during court proceedings. In particular, she criticised “fact-finding” hearings where victims may face intense cross-examination, which can add to their distress.
The reforms are part of broader legislative efforts under the Victims and Courts Bill. Proposed measures include removing parental responsibility from individuals convicted of serious sexual offences against children or in cases where a child is conceived through rape.
Levitt expressed confidence that the planned changes will lead to a fairer system. She emphasised that addressing violence against women and girls must remain a priority and that the justice system should protect victims rather than expose them to further harm.
