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Family law updates

What's changing in family law.

We keep an eye on developments in family law and domestic abuse legislation so you don't have to. Below you'll find plain-English summaries of recent changes and what they could mean for people in difficult family situations.

Important: These summaries are for general information only and are not legal advice. Every situation is different. Please speak to a qualified solicitor about your own circumstances.

12 updates

Last reviewed:

Domestic Abuse

Coercive Control Sentencing Guidelines: Economic Abuse and Digital Surveillance Now Explicitly Recognised

Updated sentencing guidelines for coercive and controlling behaviour under the Domestic Abuse Act 2021 came into full effect in April 2026. Courts must now treat a sustained pattern of coercive control as an aggravating factor and explicitly consider the cumulative impact on victims — including children in the household — when determining sentence length. Crucially, the guidelines name economic abuse (controlling finances, preventing work, running up debt in a victim's name) and digital surveillance (tracking location, monitoring messages, installing spyware) as recognised forms of coercive control for the first time in sentencing guidance.

What this could mean for you

If you have experienced financial control, had your phone or movements monitored, or been isolated from family and friends, this behaviour is now more clearly named in law. Courts sentencing a perpetrator must take the full pattern of behaviour into account — not just individual incidents.

Read the original — Sentencing Council
Children & Contact

Pathfinder Model Rolled Out Nationally: A New Way Family Courts Handle Domestic Abuse Cases

The Pathfinder model — first piloted in Dorset and North Wales — has been rolled out to all family courts in England and Wales from February 2026. Under Pathfinder, when domestic abuse is raised in private law children proceedings, Cafcass and the local authority conduct a joint early safeguarding assessment before the first hearing. This replaces the previous system where abuse allegations were often not properly investigated until much later in proceedings, sometimes after contact had already been ordered. The model is designed to ensure the court has a clear picture of risk before making any decisions about children.

What this could mean for you

If you raise concerns about domestic abuse when applying to court about your children, those concerns should now be investigated properly at the very start — before any contact arrangements are put in place. You should not be pressured to agree to contact before a safety assessment has been completed.

Read the original — Cafcass
Court Procedure

Family Procedure Rules Amendment: Courts Must Now Screen for Abuse in All Private Law Children Cases

Amendments to the Family Procedure Rules 2010 came into force in October 2025, placing a new duty on courts to identify domestic abuse at the earliest stage of all private law children proceedings — not just those where it has already been raised. Judges now have clearer powers to restrict cross-examination by alleged perpetrators, and the process for applying for special measures (such as giving evidence by video link or behind a screen) has been simplified. Victims no longer need to make a separate formal application; the court must consider special measures as a matter of course.

What this could mean for you

If you are in a court case about your children and you have experienced abuse, you should not have to face your abuser directly in the courtroom. The court is now required to consider protective measures automatically — you do not need to know the right legal words to ask for them.

Read the original — legislation.gov.uk
Financial & Housing

Domestic Abuse and Housing: New Duty on Local Authorities to Rehouse Victims Without a Local Connection

Following amendments to the Housing Act 1996 that came into force in July 2025, local authorities in England are no longer permitted to refuse a housing application from a domestic abuse victim on the grounds that they have no local connection to the area. Previously, victims who had fled to a different town or city to escape an abuser could be turned away or referred back to their home area — sometimes putting them at serious risk. The new rules mean any council must accept a homelessness application from a domestic abuse victim and cannot use local connection as a reason to refer them elsewhere.

What this could mean for you

If you have had to leave your home area to be safe, you can now apply for housing in the area where you have sought refuge. The council cannot turn you away simply because you do not have a local connection there. You should tell them you are fleeing domestic abuse when you apply.

Read the original — GOV.UK
Children & Contact

Supreme Court: Exposure to Domestic Abuse Counts as Harm to Children Under the Children Act

The Supreme Court handed down a landmark judgment in June 2025 clarifying how courts must assess harm to children in contact and residence disputes where domestic abuse is alleged. The court confirmed that a child who witnesses or is exposed to domestic abuse — even where they are not directly targeted — suffers harm within the meaning of the Children Act 1989. The ruling also reinforced that the statutory presumption of parental involvement does not apply where there is a real risk of harm, and criticised lower courts that had prioritised maintaining contact over the safety of the child and the non-abusive parent.

What this could mean for you

If you are worried that contact arrangements could put you or your children at risk, this ruling strengthens the legal basis for asking the court to put safety first. The court must consider the impact of abuse on your children — even if they were never directly hurt — and cannot simply assume that contact with both parents is always in a child's best interests.

Read the original — The Supreme Court
Financial & Housing

Financial Remedies: Courts Taking a Harder Line on Non-Disclosure in Divorce Cases

A series of Court of Appeal decisions in late 2024 and early 2025 have significantly strengthened the consequences for a spouse who hides assets or fails to give full financial disclosure in divorce proceedings. Courts have now made clear that where non-disclosure is found, judges can draw adverse inferences — meaning they can assume the hidden assets exist and award accordingly — and in serious cases can set aside a final financial order years after it was made. The Court of Appeal also confirmed that economic abuse during a marriage, including being prevented from working or having no access to family finances, is a relevant factor when dividing assets.

What this could mean for you

If your ex-partner is hiding money, property, or business assets during your divorce, the court has strong powers to investigate and to penalise them for not being honest. If you were financially controlled during your marriage — kept away from money or prevented from working — this can be taken into account when the court decides how to divide what you have.

Read the original — The Judiciary
Domestic Abuse

Victims and Prisoners Act 2024: Statutory Rights for Domestic Abuse Victims Now in Force

Key provisions of the Victims and Prisoners Act 2024 came into force in March 2025, giving domestic abuse victims a set of enforceable statutory rights for the first time. These include: the right to be notified before a perpetrator is released from prison; the right to make a Victim Personal Statement that courts and the Parole Board must consider; a strengthened Victims' Code that the police, CPS, and courts are legally required to follow; and the Independent Domestic Violence Adviser (IDVA) service being placed on a statutory footing, meaning councils and health bodies must commission it. The Act also creates a new Victims' Commissioner with powers to hold agencies to account.

What this could mean for you

If someone who harmed you has been convicted and sent to prison, you now have a legal right to be told before they are released — including on licence. You also have a stronger right to have your voice heard at every stage of the process, and there is now a named Commissioner whose job is to make sure agencies treat victims properly.

Read the original — legislation.gov.uk
Immigration

Migrant Victims of Domestic Abuse: Expanded Access to the Destitution Domestic Violence Concession

The Home Office expanded the Destitution Domestic Violence Concession (DDVC) in February 2025, allowing a wider group of migrant victims to access public funds — including benefits and housing support — for a temporary period while they apply for indefinite leave to remain. Previously the concession was limited to those on a spousal or partner visa; it now also covers victims on certain work and student visas. The change follows sustained pressure from domestic abuse charities who documented cases of victims being unable to leave an abusive partner because they had no recourse to public funds.

What this could mean for you

If you are in the UK on a visa and your immigration status is tied to a partner who has been abusive, you may be able to access emergency financial support and housing while you apply to stay in the UK independently. You do not have to stay in an abusive relationship to keep your visa status.

Read the original — GOV.UK
Legal Aid

Legal Aid Means Test Reforms: More Domestic Abuse Victims Can Now Access Free Legal Representation

The Legal Aid Agency expanded the domestic abuse gateway in November 2024, making it significantly easier for victims to qualify for free legal representation in family proceedings. Victims can now use a much wider range of evidence to demonstrate abuse — including letters from GPs, social workers, support workers, and refuge staff — and the income threshold for the means test has been raised so that more people qualify. The changes also removed a requirement that evidence of abuse had to be less than five years old, recognising that many victims do not report abuse or seek help until much later. The reforms followed years of campaigning by legal charities who documented cases of victims being forced to represent themselves against abusive ex-partners in court.

What this could mean for you

If you have experienced domestic abuse and need legal help with a family court case — such as a child arrangements order, a non-molestation order, or a financial settlement — you may now be able to get free legal representation even if you were previously told you did not qualify. It is worth asking a solicitor or your local Citizens Advice to check your eligibility again under the new rules.

Read the original — GOV.UK
Court Procedure

Family Court Modernisation: Online Applications and the New Case Management System

The Family Court's digital reform programme reached a significant milestone in September 2024 with the rollout of the new online case management system to all courts in England and Wales. Applicants can now submit applications for non-molestation orders, occupation orders, and child arrangements orders online, track the progress of their case, and receive court documents electronically. The system also includes a new triage process designed to identify urgent safety cases — such as those involving immediate risk of harm — and list them for an emergency hearing within 24 hours. Paper applications remain available for those who cannot access the online system.

What this could mean for you

If you need to apply to court urgently — for example, for an injunction to protect you from an abusive partner — you can now do this online at any time of day. If there is an immediate risk to your safety, the new triage system should mean your case is heard very quickly. If you are not comfortable using the online system, you can still apply on paper.

Read the original — GOV.UK — HMCTS Reform
Children & Contact

Cafcass Revised Practice Framework: Stronger Focus on the Voice of the Child in Abuse Cases

Cafcass published a revised practice framework in June 2024 setting out how its officers must approach cases involving domestic abuse allegations. The framework places a stronger duty on Cafcass officers to speak directly with children — including very young children where possible — and to record and present the child's own views to the court. It also requires officers to consider the impact of domestic abuse on a child's long-term development and emotional wellbeing, not just immediate physical safety. The framework explicitly states that a child's wish to have contact with a parent does not override safety concerns, and that officers must not pressure children to express a preference for contact.

What this could mean for you

If your children are involved in a court case, the Cafcass officer assigned to your case is required to listen to your children and make sure the court hears what they want. Your children's safety and wellbeing must come first — their wishes are important, but they will not be asked to choose between parents or put in a position where they feel responsible for the outcome.

Read the original — Cafcass
Domestic Abuse

Stalking Protection Orders: Police Now Required to Consider an Order in Every Stalking Case

Following amendments to the Stalking Protection Act 2019 that came into force in April 2024, police forces in England and Wales are now required to consider applying for a Stalking Protection Order (SPO) in every case where stalking behaviour is identified — including cases where the victim and perpetrator are in or have been in a domestic relationship. SPOs can be applied for before any criminal charge is brought and can prohibit a perpetrator from contacting the victim, attending certain locations, or using specific online platforms. Breaching an SPO is a criminal offence. The change follows evidence that SPOs were being used inconsistently, with many forces rarely applying for them.

What this could mean for you

If you are being stalked — including by an ex-partner — the police should now be actively considering whether to apply for a Stalking Protection Order to keep you safe, even if they have not yet charged the person. You can ask the officer dealing with your case whether an SPO has been considered and why, if one has not been applied for.

Read the original — legislation.gov.uk

Live from The National Archives

Latest family court judgments

The latest family court decisions published by The National Archives. These are official court judgments and can be detailed; they are not advice about your situation.

Contains public sector information licensed under the Open Justice Licence v1.0. Source: The National Archives Find Case Law.

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