Adversarialism in the Family Courts in Child Arrangements Cases in England and Wales

Most of the discussion of adversarialism has taken place in the context of criminal justice and it is often assumed that family courts are not adversarial, particularly in child arrangements cases where the stated focus is the future welfare of children. Drawing on data from a recent study of child arrangements proceedings in England and Wales this article will argue that despite modifications to the adversarial process, adversarialism remains a structural barrier to safe processes and outcomes in cases where there are allegations of domestic abuse. It will be argued that the underpinning logic of adversarialism is fundamentally problematic in private family law proceedings given the high prevalence of domestic abuse in such cases reaching the family courts.