Mother Wins Appeal in Family Court
A mother has won her appeal against a Family Court decision. The ruling had allowed her former partner to have contact with their three young children while police were still investigating him for alleged rape.
Domestic Abuse Allegations
The father had already admitted to domestic abuse, including violent and controlling behaviour. The mother also accused him of raping her during their relationship.
High Court Overturns the Decision
On Monday, High Court Judge Michael Keehan ruled that Family Court Judge Robin Tolson KC made a mistake by dismissing the rape allegation while the police investigation was still ongoing.
Case Will Be Heard Again
The High Court overturned the original decision, and the Family Court will hear the case again.
Previous Criticism of Judge Tolson
Judge Robin Tolson KC has faced criticism before for his handling of cases involving rape allegations.
Earlier Controversy
Six years ago, Judge Tolson made comments that many people considered outdated. He suggested that a woman could not have been raped if she did not physically resist her partner. A higher court later overturned that ruling, and he stepped down from his senior judicial role in London. read more
MPs Raise Concerns
Many MPs questioned why Judge Tolson continued hearing Family Court cases involving allegations of rape and domestic abuse.
Mother’s Appeal
The mother, known as Anna to protect her identity, appealed against Judge Tolson’s March 2025 decision after a hearing at Reading Family Court.
Serious Allegations Against the Father
Anna argued that the children’s father should only have supervised contact because of the serious allegations against him.
Claims Made in Court
Anna told the court that her former partner repeatedly raped her over several years. She also said he emotionally and verbally abused her and tried to strangle her.
Police Investigation Was Still Ongoing
At the time of the Family Court hearing, police had not finished investigating the rape allegations.
Judge’s Decision
Judge Tolson decided that the Family Court did not need to wait for the police investigation or carry out its own investigation before deciding child contact arrangements.
Barristers Challenge the Judge
During the hearing, Anna’s barrister, Elisabeth Traugott, asked Judge Tolson to step away from the case because of concerns about his previous comments.
Calls for Further Review
Barrister Charlotte Proudman said Judge Tolson’s conduct should receive urgent attention. She said many women no longer have confidence in his ability to deal fairly with domestic abuse cases.
Other Decisions Were Also Overturned
Judge Tolson has had several decisions overturned in recent years.
Previous Court Rulings
In 2021, senior judges said his handling of evidence in a domestic abuse case was seriously flawed. In 2024, the Court of Appeal criticised another decision involving child contact. In 2025, the High Court overturned his decision to allow video contact between a father and his children after the father admitted assaulting the children’s mother and her family. know more
Domestic Abuse in Family Court Cases
Domestic abuse allegations are common in Family Court proceedings.
Government Plans for Reform
The Domestic Abuse Commissioner found in a recent report that domestic abuse appeared in nearly 90% of private family law cases. The government says it is committed to improving the family justice system and making it safer and fairer for families involved in cases that include domestic abuse or other serious offences.
