Endless litigation in family court as a method of post-separation coercive control – Journal of Social Welfare and Family Law
This article examines how abusive fathers may exploit family court systems post-separation to maintain coercive control over former partners and children. Drawing on evidence from common law jurisdictions including the UK, Ireland, Australia and the United States it shows how repeated litigation, economic abuse and false parental alienation claims are used to continue dominance under the guise of parental involvement. Despite increased recognition of domestic abuse, family courts often prioritise shared parenting and contact, misinterpreting protective actions by mothers as ‘implacable hostility’. These assumptions can obscure patterns of post-separation abuse and place survivors and children at further risk. The article proposes the integration of the Duluth Post-Separation Power and Control Wheel as a tool to help recognise coercive legal strategies, frequently minimised as routine conflict. It argues for a shift towards contextual, pattern-based risk assessments in private family law, backed by statutory training and legal reform. By equipping practitioners to recognise how legal and institutional processes may be weaponised, family courts can better distinguish coercive control from mutual conflict and respond accordingly. This approach aligns with the principles of the Domestic Abuse Act 2021, promoting safer outcomes and ensuring that child welfare and survivor protection are prioritised in post-separation proceedings.
Journal of Social Welfare and Family Law, 11th August 2025
Source: www.tandfonline.com
