Mum who accused ex-partner of rape wins appeal against family court judge
Judge Tolson’s decisions have been successfully appealed many times over the past six years.
In 2021, three very senior judges found his approach to evidence was “seriously flawed” in a case where a mother alleged rape and abuse. Judge Tolson described the mother as “deeply troubled” and “suffering from mental health issues” rather than a victim of domestic abuse.
In 2024, Judge Tolson was once again criticized by the Court of Appeals in a case involving allegations of domestic violence. Judge Tolson said that despite the allegations, the father should have unsupervised contact with his children.
In 2025, Ms Justice Judd at the Supreme Court overturned Judge Tolson’s decision to allow a father who pleaded guilty to assaulting the mother and her family to have unsupervised video communication with his children.
Many family cases involve allegations of domestic violence. A. Domestic Abuse Commissioner’s latest report, external found that, based on a limited sample, it was mentioned as a problem in almost 90% of cases.
The government responded earlier this month, saying it was determined to take action to improve the experience of people involved in private law cases where parents fight over their children, including victims of domestic abuse and other serious crimes.
