By Michael Phillips | Republic Dispatch

A growing backlash against the family court system in Northern Ireland is raising uncomfortable questions about whether institutions designed to protect children are instead compounding trauma for families already in crisis.

A recent investigation by BBC News highlights starkly different but converging accounts from parents on opposite sides of the custody divide—both describing a system they say is intimidating, costly, slow, and ill-equipped to handle domestic abuse allegations responsibly.

Parents from Both Sides, Same Verdict

One parent, identified as “Jenny,” says she fled an abusive relationship only to be ordered by the court to allow contact between her child and the alleged abuser. She describes the family court as “very scary,” particularly for people unfamiliar with legal processes, and claims the outcome has left her child anxious and in counseling. According to Jenny, court-ordered contact has become a tool for continued coercive control.

Another parent, “Colin,” a father seeking access to his child, tells a different story with a similar conclusion. After private arrangements collapsed, he turned to the courts—only to face repeated hearings, breached orders, escalating legal costs, and emotional exhaustion. He calls the system “not fit for purpose,” saying it fails to enforce its own rulings while draining families financially and psychologically.

Their experiences underscore a core tension at the heart of modern family law: how to balance child contact with safety, enforcement with compassion, and due process with speed.

Judicial Acknowledgment — and Limits

Northern Ireland’s Lady Chief Justice, Dame Siobhan Keegan, has acknowledged many of these concerns. She concedes that family court proceedings can retraumatize victims, that court orders are frequently breached, and that delays and understaffing undermine confidence in the system.

Keegan has issued updated judicial guidance on handling domestic abuse in family proceedings, emphasizing risk assessment, trauma-informed decision-making, and child safety over automatic assumptions about parental contact. She has also called for specialist family courts with better facilities and more time allocated per case.

But she has been blunt about the primary obstacle: funding. Resources, she says, remain the “elephant in the room.”

Transparency vs. Protection

Family courts in Northern Ireland handle thousands of cases annually involving custody, adoption, divorce, and child protection. In 2024 alone, more than 75 percent of child-order cases were private disputes between parents—many involving allegations of abuse.

Historically, these courts have operated behind closed doors to protect children’s privacy. Critics argue that secrecy has also shielded systemic failures from scrutiny. In response, a limited media reporting pilot launched in late 2025 now allows accredited journalists to attend and report on select cases under strict anonymity rules.

Supporters see this as a modest but necessary step toward accountability. Skeptics question whether transparency without structural reform will meaningfully change outcomes.

A System Under Strain

A December 2025 report by Northern Ireland’s Commissioner for Victims of Crime found that domestic abuse survivors and children often feel “totally invisible” in private law family proceedings. Participants described inconsistent safeguards, poor understanding of coercive control, and processes that prolong exposure to harm rather than reduce it.

The report calls for trauma-informed reforms, better child participation, stronger enforcement mechanisms, and a presumption against contact where abuse is established—recommendations that echo reforms already underway in parts of England and Wales.

Why This Matters Beyond Northern Ireland

The Northern Ireland experience reflects a broader crisis facing family courts across Western democracies. Systems designed decades ago for simpler disputes are now tasked with adjudicating complex allegations of abuse, mental health concerns, and post-separation coercion—often with limited tools and shrinking budgets.

For parents, the stakes are existential. For children, the consequences can last a lifetime.

As governments debate reform, the voices emerging from Northern Ireland offer a warning: when family courts lose the trust of both mothers and fathers, the legitimacy of the entire system is at risk.