Domestic abuse allegations can have a significant impact on family court proceedings, particularly where there are disputes about arrangements for children. In many cases, the same allegations may also be the subject of a police investigation or criminal proceedings.

This means that families can find themselves involved in both the family court and the criminal court at the same time. Whilst this is not unusual, it can often be confusing, stressful and emotionally draining for those involved.

Why can there be two sets of proceedings?

The family court and the criminal court have different roles.

The criminal court is concerned with determining whether a criminal offence has been committed and, if so, whether an individual should be convicted and sentenced. The family court, on the other hand, is focused on the welfare and safety of children and determining what arrangements are in their best interests.

Although the same allegations may be considered in both courts, they are assessed for different purposes and under different legal tests. As a result, the outcome in one court may not automatically determine the outcome in the other.

Why can this be difficult for families?

Many parents understandably assume that if allegations are being investigated by the police, the family court will simply wait for the criminal case to conclude. In reality, this is not always possible.

Family courts are under a duty to avoid unnecessary delay, particularly where children are concerned. Decisions about a child’s safety, welfare and contact arrangements often need to be made before criminal proceedings have concluded.

This can leave parents feeling confused about why different courts may appear to be considering the same issues at the same time. It can also be difficult to understand why different conclusions may sometimes be reached.

The impact on children

One of the key concerns identified by family law professionals is the delay that parallel proceedings can create.

Where allegations of domestic abuse are being investigated, the family court may need additional evidence before making long-term decisions about a child’s relationship with a parent. This can mean that cases remain ongoing for extended periods whilst other proceedings progress.

For children, uncertainty and prolonged litigation can be harmful. The family court’s primary concern will always be the child’s welfare and ensuring that decisions are made in a way that protects them from harm.

Calls for better collaboration

There is growing discussion within the legal profession about whether there should be greater collaboration between the family justice system, the police and criminal courts.

Suggestions have included improved information sharing, more effective disclosure of evidence between jurisdictions and better coordination of cases involving the same allegations. The aim would be to reduce delay, improve understanding between professionals and provide greater clarity for families navigating multiple legal processes.

Whilst significant reforms are unlikely to happen overnight, many practitioners agree that improving communication between different parts of the justice system would benefit families and help to avoid unnecessary duplication and delay.

What should you do if you are involved in both types of proceedings?

If you are facing family court proceedings whilst also dealing with a police investigation or criminal case, it is important to obtain specialist legal advice as early as possible.

Evidence and decisions in one set of proceedings may have implications for the other. A solicitor can help you understand the different legal processes, manage expectations and ensure that your case is presented appropriately in each forum.

At Ridley & Hall, our family law team regularly advises clients who are navigating complex situations involving domestic abuse allegations, child arrangements disputes and parallel criminal proceedings. We can guide you through the process and help you understand your options at every stage.

If you would like advice about child arrangements, domestic abuse allegations or ongoing family court proceedings, please contact our Family Law Team for confidential advice. Call us on 0800 860 62 65 or email on info@ridleyandhall.co.uk