Court of Appeal sets out how Child Focused Courts must handle domestic abuse

In Re C, the Court of Appeal held that the Child Focused Court model does not dilute Practice Direction 12J, and that fact-finding on domestic abuse is needed only where it bears on the child's arrangements.

The Court of Appeal (Civil Division) handed down judgment on 29 September 2026 in [2026] EWCA Civ 1216. Sir Stephen Cobb, President of the Family Division, gave the lead judgment, sitting with Lord Justice Moylan and Lord Justice Zacaroli.

Background

The case concerns four siblings, referred to in the judgment as A, B, C and D. On 22 April 2026 the Family Court sitting at Wrexham made final child arrangements orders under Part II of the Children Act 1989. The children were to live with their mother. Time with their father was to be supervised and limited in frequency and length. The court also made an order under section 91(14) of the Act, which means neither parent can make a further application about the children without the court's permission until 22 April 2027.

The mother appealed, with permission. Rights of Women and Cafcass / Cafcass Cymru took part as interveners, in writing.

The question

This was the first appeal to reach the Court of Appeal from a Family Court decision made under the Child Focused Court model. The court therefore set out wider guidance on how that model works where domestic abuse is alleged.

The decision

Sir Stephen Cobb said he would allow the appeal only on the section 91(14) order, so far as it was made against the mother, and dismiss the appeal in all other respects.

The reasoning

The judgment explains that the Child Focused Court model is being introduced in phases. It currently operates in ten court centres, including the whole of Wales, and is expected to apply to all private law cases across the jurisdiction by early 2029. It uses an investigative approach, including an early Child Impact Report.

The court stressed that the model does not weaken Practice Direction 12J of the Family Procedure Rules 2010. Judges and magistrates must apply it with the same care and rigour as before. The judgment says the court must:

• identify and record, at the earliest opportunity, whether domestic abuse is raised as an issue likely to be relevant to the welfare decision;
• consider as soon as possible whether a fact-finding hearing is "necessary";
• make an order for contact only where, so far as possible, the physical and emotional safety of the child and the parent with whom the child lives can be secured before, during and after contact.

The court also said a fact-finding hearing is not an end in itself. Even where one is held, not every allegation needs to be decided. Only those allegations needed to support welfare decisions or a reliable assessment of risk should be determined.

Where abuse is found and the child will still have contact with the perpetrator, the court must explain why the order will not expose the child to the risk of harm and is beneficial for the child.

Sources

• C (Child Arrangements Orders; Domestic Abuse; Child Focused Court), Re [2026] EWCA Civ 1216, Court of Appeal (Civil Division), 29 September 2026