False Allegations of Domestic Abuse in the Family Court

1. Introduction

In recent years, children proceedings have included an increasing number of domestic abuse allegations. In many cases, these allegations are true. These are taken very seriously by the family court which must take appropriate steps to safeguard any children involved.

In other cases, allegations may be fabricated. To the person facing them, such allegations can be distressing with the possibility of reputational damage, criminal charges, and – above all – loss of contact with their child.

This article outlines the family court’s approach to allegations of abuse and provides practical guidance on how to manage false allegations.

2. What is domestic abuse?

A common misconception is that domestic abuse refers to physical violence inflicted within an intimate relationship between a man and a woman.

The modern definition of domestic abuse – as set out in Practice Direction 12J of the Family Procedure Rules – is more expansive. In this context, domestic abuse refers to abusive or manipulative behaviour carried out by one person to dominate another. This applies to those in an intimate partner relationship regardless of gender. This also applies to other family relationships, such as between a parent and a child.

Abusive behaviour, within the meaning of the Family Procedure Rules, incorporates threatening, demeaning, aggressive, or manipulative treatment of another person. This can include, but is not limited to:

• physically abusive behaviour;
• sexually abusive behaviour;
• controlling or manipulative behaviour;
• financial abuse;
• psychological abuse;
• emotional abuse; and
• harassment and stalking.

A term commonly used today is coercive control. This refers to a form of domestic abuse which Practice Direction 12J of the Family Procedure Rules defines as follows:

• coercive behaviour – which includes assault, threats, humiliation, or intimidation – as that which is used to harm, punish, or frighten a victim; and
• controlling behaviour as that which is used to make a person subordinate to and/or dependent on the abuser.

In Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448, the court emphasised that coercive control may be indicated by a broad pattern of abusive behaviour. Whilst a single incident might not appear to constitute abuse, the severity of such behaviour might become clear when considered as part of a broader picture. At [44], the court stated that “[a]busive, coercive and controlling behaviour is likely to have a cumulative impact upon its victims which would not be identified simply by separate and isolated consideration of individual incidents”. The court explained at [33] that paying attention to patterns is relevant not only to identifying coercive control, but to “all forms of abuse including physical and sexual violence”.

3. Why are allegations fabricated?

The above definition demonstrates that domestic abuse refers to behaviour of a very serious and harmful nature. Why might someone make a false domestic abuse allegation? Whilst there may be several reasons behind allegations being manufactured, this is sometimes done as a “tactic” in children proceedings.

An allegation may be manufactured by one parent in the hope that the court will prevent a child from living or spending time with their other parent. For this reason, it is not uncommon to see a parent raise allegations of abuse immediately after the other parent applies for a child arrangements order.

4. How does the court respond to allegations of abuse?

As mandated by Practice Direction 12J of the Family Procedure Rules, where an allegation is raised in the family court, the court has a duty to consider it before making a contact order. The court is cautious neither to dismiss an allegation without properly considering it, nor to automatically consider the allegation as true.

To assess the truth of the allegations, the court may list a fact-finding hearing. During such hearings, evidence is heard from both sides before the court determines whether each allegation is proved on the “balance of probabilities”; this means that there is more than a 50% chance that it is true. For more detail on what to expect at a fact-finding hearing, see our article: Family Court Fact Finding Hearings: a Guide

Fact-finding hearings are used to inform child arrangements. Therefore, in children proceedings, a fact-finding hearing would only be listed where allegations have a bearing on the child’s welfare. In GI v K [2026] EWHC 480 (Fam), the court clarified that this is not only the case where one parent is restricting contact or arguing that contact with the other parent is unsafe; a fact-finding hearing may be necessary to inform the overall welfare assessment in any case. However, in our view, the court usually lists a fact-finding hearing only if one parent is arguing that contact should be limited in some way because of the alleged abuse.

5. How can I defend myself?

At a fact-finding hearing, the burden of proof lies with the person making the allegations. However, the person responding to the allegations must nevertheless make a case, otherwise the allegations will remain undefended and are therefore more likely to be proved.

Compiling strong evidence is a key part of preparing for a fact-finding hearing, and may include:

• digital evidence, such as text messages and emails, or photographs;
• financial records such as bank statements or transfers (where the allegations refer to financial abuse);
• documentary evidence, such as police reports, medical records, or local authority reports; and
• expert witness testimony, such as from a medical or psychological specialist.

6. What happens in the waiting time before a fact-finding hearing?

Where allegations are serious and, if true, could pose a risk of harm to the child, the court may make interim measures to safeguard the child before making findings. For example, the court might order that, in the interim, contact between the child and the allegedly abusive parent must be supervised. The court may then vary these arrangements when it makes final child arrangements orders after the fact-finding hearing.

It is important to comply with the court’s interim arrangements. If a parent breaches these orders – for example, through forcing unsupervised contact with the child – the court will not look favourably on this in the remaining proceedings, even if it ultimately finds that the allegations were ungrounded.

After findings have been made, the court often seeks input from CAFCASS (the Children and Family Court Advisory and Support Service) to help evaluate the child’s welfare. The court may order CAFCASS to prepare what is known as a “section 7 report”; an officer will usually speak with the child and their parents to gain a broad understanding of the situation, before making recommendations regarding contact, living arrangements, and any safeguarding risks.

7. What happens if the court finds the allegations are false?

False allegations can be very harmful to the person they are made against. Therefore, the court takes fabrication seriously. The person making the false allegations may lose credibility in the proceedings, and it is likely that the court will not see them as a parent who acts in the child’s best interests. In some cases, cost penalties may be made against them.

Where a parent has exposed the child to a false narrative, such as telling them that their other parent is “unsafe”, this can be very detrimental to the child’s relationship with their other parent. In these circumstances, the court may find that the parent making allegations has exhibited what are known as “alienating behaviours”. In Re: C (‘Parental Alienation; Instruction of Expert) [2023] EWHC 345 (Fam) at [103] the High Court defined such behaviours as a “process of manipulation … perpetrated by one parent against the other”.

If the court finds alienation to have occurred, it will take appropriate measures to rehabilitate the relationship between the child and the alienated/accused parent, such as ordering increased contact between them. For a detailed overview of how the court treats parental alienation, see our related article: A Guide to Parental Alienation in the Family Court

8. What should I do immediately after allegations are raised?

Finding out that false allegations have been made against you can be distressing and it may be tempting to react quickly to them. However, it is important to respond in a measured and calm way to avoid exacerbating the situation.

• Evidence: start to consider what evidence you may have to help defend the allegations, such as text messages, bank statements, and police reports.
• Avoid retaliation: do not confront the person making the allegations, as this could result in a hostile interaction which they could create further allegations about. You should also avoid addressing the allegations publicly, for example on social media.
• Use a parenting app: if you must contact the person making the allegations, for example about child arrangements, you should communicate through a parenting app such as OurFamilyWizard. You should avoid discussing any matters not related to the child arrangements, such as the allegations themselves.
• Remain child-focused: remember that children proceedings are about the welfare of the child, and not the relationship between the adults − it is important to always focus on what is in the best interests of your child.
• Comply with court orders: if a court order has been made – whether an interim child arrangements order restricting contact, or a non-molestation order – it is crucial that you comply with its conditions. Breaches can have serious legal implications, as well as harming your case in the children proceedings.

For practical guidance relating to fathers’ rights in children proceedings, including dealing with prevented contact and allegations, see our related article: Fathers’ Rights in the Family Court: Child Arrangements After Separation.

9. How we can help

Navigating false allegations of domestic abuse can be highly stressful, particularly when this affects contact with your child. Careful preparation and early advice are often critical in securing contact. Our specialist family barristers can help you navigate the process in a measured and strategic manner, providing expert assistance at every stage.

• Advice and strategy: clear and practical guidance on the strength of your case, likely outcomes, and the best way to resolve the matter.
• Drafting: preparation of C100 applications, witness statements, and supporting evidence.
• Representation: expert advocacy at the fact-finding hearing, as well as all court hearings including the FHDRA, Dispute Resolution Appointment, directions hearing, and final hearing.

We work with solicitors and clients on a direct access basis. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We represent clients in London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and across the UK.

You can contact us to book an initial consultation.

10. About us

Billal Malik is a barrister who practises in family court disputes, including child arrangements proceedings and domestic abuse allegations.

Frequently Asked Questions

Are domestic abuse allegations only raised in children proceedings?

No. While allegations of abuse commonly arise in relation to child arrangements, the family court also deals with allegations in situations where children are not involved or where they are not central to the matter.

One example is an occupation order, which regulates occupation of the family home; another is a non-molestation order, which prevents one party from harassing or abusing the other. Applications for these orders may involve false allegations of abuse. For more detail on these orders, see our related article: Can I Make My Ex-Partner Leave the Home? A Guide to Occupation Orders

Could the court stop me from seeing my child because of the allegations?

Where allegations of abuse are made, the court focuses on the welfare and safeguarding of the child. If the court identifies a risk of harm to the child, it may decide to restrict or even terminate contact. However, the threshold for this is high. In D v E (Termination of Parental Responsibility) [2021] EWFC 37, the court emphasised that “contact should be terminated only in exceptional circumstances […] as a last resort, when there is no alternative”.

The court never presumes that the allegations are true; where the allegations are relevant to the child’s welfare, the court investigates them rigorously through a fact-finding hearing. Only after this has occurred would the court make child arrangements orders in light of the allegations.

What if there are also criminal proceedings?

Sometimes, the same allegations of abuse might be heard in both family and criminal proceedings. If this is the case, the two courts may be informed by each other’s findings.

However, in criminal proceedings, the allegations must be proved beyond reasonable doubt. This is a higher bar to that of the family court, in which the allegations must be proved on the balance of probabilities.

Therefore, if the allegations were found true in the criminal court, it is likely that this would give them weight in the family court; conversely, if the allegations were found true in the family court, they will not necessarily be proved in the criminal court.

What is a Scott Schedule? 

Ahead of a fact-finding hearing, the person making the allegations prepares a Scott Schedule. This is a written table which lists specific allegations, including the responses of the person against whom the allegations are made. The court may order adjustments to the Schedule ahead of the fact-finding, such as reducing the number of items.

However, in Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 at [44] the court emphasised that Scott Schedules are not always effective at capturing the context behind patterns of domestic abuse, as well as their cumulative nature. Whilst Scott Schedules help to focus the allegations, the court remains cautious to consider issues outside of the Schedule where necessary.

Can some allegations be found true and others false?

In some cases, some of the allegations made might be entirely false, whilst others might be true or only partially false. However, the court is clear that it will not assume the person is lying about all of the allegations even if they lie about one or some of them. The court will make findings on each allegation separately and could determine that some are proved and others are not.

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