The family court system should be a place where survivors of abuse are heard, children are protected, and decisions are made free from prejudice. Yet new evidence suggests that for too many women and children, that is not the reality.
A recently published report by Right to Equality, examining family court judgements involving allegations of domestic and sexual abuse, found widespread evidence of victim-blaming language and gender bias. According to the research, nearly three-quarters of the judgements analysed contained some form of victim-blaming, raising questions about how survivors are treated within the family court system.
To many women who have experienced the courts as another arena in which their credibility, behaviour and motivations are placed under intense scrutiny, these findings will come as no surprise. The report found that discrediting women was the most common form of victim-blaming, while mothers’ actions were frequently criticised and questioned. Meanwhile, fathers’ behaviour was more likely to be contextualised or minimised. Women were also significantly more likely to be described as “emotional” in judicial assessments.
This is not simply a matter of language. The words used by judges shape how evidence is interpreted, how risk is assessed and ultimately how decisions are made. When survivors are disbelieved, dismissed or blamed for the abuse they have experienced, there is a real danger that concerns about children’s safety will be overlooked.
Survivors must be able to trust that allegations of abuse will be considered fairly and without prejudice. Children must be able to rely on a system that puts their welfare above outdated assumptions and harmful stereotypes.
To address the persistent problem of victim-blaming and gender bias within the family justice system, the report recommends mandatory judicial training, greater transparency in family court proceedings, increased publication of judgements, and stronger mechanisms for accountability.
Family courts make decisions that affect the safety, wellbeing and futures of some of the most vulnerable people in society. It is imperative they are places where evidence is fairly assessed, survivors are treated with dignity, and children’s interests come first.
These deeply concerning statistics highlight a systemic culture of disbelief and bias that may undermine confidence in the family justice system and place survivors and children at greater risk. This can no longer be ignored and the urgent need for reform is both clear and urgent.
Olivia Idle, Equality Party
11th June 2026
The Equality Party 