Family court
What Family Courts Look for to Prove Strong Allegations
Civil standard — balance of probabilities. PD12J applies in all private-law children proceedings; Re H-N reframed how DA is approached: focus on pattern and coercive control, not just incidents.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
PD12J framework
- Court must consider at every stage whether DA is raised.
- Where DA likely relevant, must determine the facts — usually a fact-finding hearing.
- Findings must be made on each disputed allegation considered material.
- Contact must be safe and physically/emotionally beneficial to the child.
- Court should consider interim arrangements that do not place the child or victim at risk.
Re H-N — pattern-based approach
- Focus on the pattern of behaviour, particularly coercive control.
- Scott Schedules are not always appropriate — can artificially narrow the picture.
- Court should consider behaviour as a whole, including non-physical conduct.
Practical credibility factors
- Contemporaneous records — diaries, texts to friends, GP records.
- Independent third-party witnesses.
- Consistency of accounts to different people over time (some variation is normal).
- Demeanour is a weak indicator — DA survivors present in many ways.
- Recognised cycle of disclosure, retraction, re-disclosure — does not mean fabrication.
- Specific dates / quotes / sensory details strengthen findings.
What undermines credibility
- Significant unexplained inconsistencies between accounts.
- Allegations only raised after contact issues arise (court will look for innocent explanations).
- Demonstrable inaccuracies (wrong dates that could not be true).
- Exaggeration beyond what the evidence supports.
- Coaching of children — courts and CAFCASS are alert to this in both directions.
Findings of fact — what the court actually decides
- Whether each allegation is proved on the balance of probabilities.
- Findings on patterns: coercive control, isolation, financial abuse.
- Risk going forward and what arrangements are safe.
- Whether a Section 91(14) order (barring further applications without leave) is appropriate.