Child sexual abuse and Family Court proceedings

Lucy Hayton Right to Equality
Allison Quinlan Right to Equality
Dr Adrienne Barnett Brunel University London; Right to Equality
Dr Charlotte Proudman Goldsmith Chambers; Right to Equality
Dr Elizabeth Dalgarno University of Manchester; SHERA Research Group

This article examines the family court’s response to child sexual abuse (CSA) allegations in private law cases, revealing critical gaps in data, research, and training. Despite the prevalence of CSA, this article will show that there is a disconnect between the case law used in family proceedings and contemporary understandings of and criminal approaches to CSA. This has led to public calls for reform and parliamentary attempts to amend the parental rights of child sex offenders. Further, protective parents—usually mothers—may face accusations of 'parental alienation' when raising abuse concerns. This phenomenon, combined with limited child consultation and a pro-contact culture, risks eclipsing genuine abuse disclosures. The article also emphasises the need for the UK to uphold its commitments under the Istanbul Convention and European Convention on Human Rights, advocating for comprehensive training for family court professionals and expanded research on abuse allegations in these cases. It concludes with calls for expanding research and transparency initiatives to safeguard child welfare in family courts across England and Wales.

Read the full article here.