Almost a third of parents in England and two fifths of parents in Wales return to court in private law proceedings, data from the Nuffield Family Justice Observatory reveals.
According to Ministry of Justice figures, over 80,000 children were involved in private family law proceedings in 2025, with most involving child arrangements for separated parents coming to court for the first time.
But Nuffield says “a small but substantial minority” of parents return to court. After excluding ‘non-standard’ applications involving a non-parent, one third of parents in England and two fifths of parents in Wales return for further proceedings within five years.
“Recent research using Cafcass administrative data has shed light on the routes adults take to court in private law”, the family justice organisation said.
“It showed that roughly half of all applications involve a single standard application between two parents (45% in Wales, 54% in England). Roughly one-fifth of cases are for ‘non-standard’ applications, which feature non-parents as applicants or respondents (such as family members or step-parents) and may feature kinship care arrangements. A small minority (3%) are for adults that also have public law proceedings.
“Most parents who return to court do so only once. But the research showed that 10% of parents in England and 14% in Wales are involved in more than two applications within five years. Analysis indicates that these parents return quickly, with typically less than two years between applications.”
Families who return to court face greater challenges in relation to domestic abuse, mental health, drug and alcohol misuse and child welfare concerns, which suggests a greater need for support, Nuffield said.
“The recording of these flags may be more common because there is more contact with court and more chance to record challenges,” the organisation explained.
“However, the family justice system may also be missing opportunities to support such families – or decide on appropriate, sustainable arrangements – during their first set of proceedings.”
The research was conducted using data collected before the initiation of child-focused courts, and Nuffield Family Justice Observatory says further tracking is needed to explore how reforms may impact families’ pathways.
The Nuffield Family Justice Observatory data tracker uses data from the Routes through court for families in private law proceedings report, authored by Linda Cusworth, Jade Hooper, Bachar Alrouh and Zoe Cheng.
