Using legal technology to support ethical, trauma-informed family law practice (Part 1)

I recently had the pleasure of presenting a session at the inaugural Bridging the Gap Conference in London, focusing on how legal technology can support ethical, trauma-informed practice in family law. As we covered quite a lot of ground in the session, from trauma-informed approaches to the impact this has on professionals, I have decided to write a two-part article series for the LEAP blog on the subject.

In this first article, we focus on understanding trauma, its impact on family law proceedings, and the necessity of a trauma-informed approach. Part two, coming in April, will address some practical solutions family lawyers can adopt, including how technology can support clients and practitioners.

What is trauma, and how can it be identified in family law?

Trauma often results from an event, a series of events, or a set of circumstances that is experienced by an individual as harmful or life-threatening. In family law specifically, trauma frequently arises in domestic abuse cases, and the effects can be long-lasting and, at times, life-altering.

Trauma can affect an individual’s ability to function and feel well mentally, physically, socially, emotionally, or spiritually. For neurodivergent individuals, who may have difficulty articulating their experiences, trauma can have an even greater impact and stronger emotional reactions, such as shutdowns, meltdowns, or increased rigidity, which are often misunderstood.

It may also hinder decision-making, giving instructions, participating in legal proceedings, or engaging in Non-Court Dispute Resolution (NCDR).

Why trauma-informed approaches are necessary in family law

There is no single agreed-upon definition of trauma-informed practice. However, the main goal is to reduce trauma and avoid causing further harm. For family lawyers, this means understanding clients’ experiences within the legal system rather than changing the law.

Trauma-informed approaches are grounded in extensive research and require professionals to adapt their communication, processes, and client support, which is increasingly adopted in health and legal fields to reduce the negative effects of trauma.

This is particularly true in domestic abuse cases. Research surrounding domestic abuse, particularly coercive control, clearly shows how perpetrators deliberately seek to control, intimidate, humiliate, degrade, exploit and isolate victims (Stark, 2009). This behaviour takes many forms, including emotional, psychological, and verbal abuse, and it may also involve threats or acts of physical and sexual violence, economic abuse through resource denial, and misuse of legal proceedings to control victims, isolate them from support, or use children against them.

Domestic abuse has significant and lasting effects on victims. Physically, it can lead to chronic health issues such as central sensitivity syndromes, persistent pain, headaches, irritable bowel syndrome, and other stress-related conditions. It may also seriously affect reproductive health and hormones, impacting long-term well-being. Research also suggests that there can be an impact on tumour development, and treatment responsiveness can be affected.

The psychological effects are equally serious. Victims frequently report depression, anxiety, post-traumatic stress disorder, suicidal thoughts, and substance misuse. These issues are central in family law, often arising in both private law children’s cases and care proceedings.

Women from minority backgrounds are more likely to experience domestic abuse and often have additional, complex needs. In family court, these experiences are closely tied to the welfare checklist and the court's assessment of risk and parenting abilities.

In these scenarios, trauma-informed legal practice can improve health outcomes, engagement, and decision-making.

Legal proceedings compounding the trauma

While the legal system is designed to resolve disputes and protect individuals, it can sometimes exacerbate trauma in practice. For many, the prospect of court can be as distressing as the abuse itself.

For instance, proving abuse presents additional challenges, as victims are often asked to disclose deeply personal and painful details, sometimes when their self-esteem is already diminished. Many enter the process already doubting that they will be believed.

The fact-finding process, governed by Practice Direction 12J, sets a high threshold: allegations must not only be proven but must also be considered relevant to the court's ultimate decision. Where allegations are not pursued or are deemed insufficient, the emotional impact on the individual can be considerable.

The process is inherently demanding. Preparing Scott Schedules, statements, reading the responses from the alleged perpetrator, cross-examination, and judicial determination all require repeated engagement with traumatic events.

The scale of the issue in family proceedings

The prevalence of domestic abuse within family law proceedings is significant. Ministry of Justice data from 2020 indicates that allegations or findings of domestic abuse are present in 49-62% of private law children’s cases.

In 2024, there were 51,528 private law Children Act 1989 applications in England and Wales. This means between circa 25,000 and 32,000 of these involved domestic abuse, further straining an already stretched system.

A 2024 report, Health-related experiences of family court and domestic abuse in England: A looming public health crisis highlights further challenges. Of 45 women studied, 39 faced allegations of parental alienation, and the remaining six were also threatened with such claims. These findings raise important questions about how abuse is recognised and addressed in court.

Trauma and its impact on evidence and credibility

A fundamental challenge in family proceedings is that trauma does not present in a structured or predictable manner, as individuals affected by it may struggle to recall events in order, making their accounts appear inconsistent even when truthful. Heightened emotions and distress can be misinterpreted as hostility or noncompliance, especially in formal or stressful settings.

These factors can influence how a witness is perceived and their ability to provide clear instructions or collaborate with professionals such as CAFCASS. Without trauma awareness, these behaviours may be misunderstood, to the detriment of the individual.

The impact of Legal Aid changes on family law

Changes to legal aid have significantly impacted family law. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the number of civil legal aid providers has declined from approximately 2,400 in 2012 to around 1,250 in 2023.

At the same time, more people are representing themselves in court, resulting in victims and accused parties often managing complex cases without legal representation. This can raise questions about the victim's direct representation, especially if a qualified legal representative is unavailable. And even when there is legal help, there is no required trauma training, so professionals may accidentally cause more distress.

This indirectly impacts legal professionals too, as trauma affects not only clients but also those working within the legal system.

Vicarious trauma is a growing concern in the legal field. All staff, from receptionists to judges, frequently encounter distressing material, work long hours in isolation, and face challenging cases, which contribute to stress and burnout. These professionals are often overlooked, carrying the emotional burden of cases while managing heavy workloads and professional responsibilities.

Trauma is not a peripheral issue in family law. It is central to how cases are experienced, presented, and decided.

To achieve fair and effective outcomes, trauma must be addressed with greater care and consistency.

Part two of this series will examine how legal technology, including remote hearings and AI tools, can support a more ethical, trauma-informed approach, reduce re-traumatisation and improve experiences for both clients and practitioners.

About the author

With over 20 years’ experience in Family Law, including as a former Partner at Brethertons LLP, Katie Phillips brings deep expertise in complex divorce, financial remedy, and children law cases. As Head of Family Law at LEAP Legal Software, she combines her practical legal experience with a passion for innovation, helping family law firms harness technology to work smarter, enhance client care, and navigate the evolving justice system.