Appeal Overturned Family Court Decision on Contact Amid Rape Investigation
A mother has successfully appealed a ruling by Family Court Judge Robin Tolson KC, who had permitted her ex-partner, under police investigation for rape, to have overnight contact with their three young children.
The father had admitted to domestic abuse, including violence and coercive control, while the mother alleged he had raped her.
On Monday, High Court Judge Michael Keehan stated that Judge Tolson erred in dismissing "out of hand so serious an allegation that it was being investigated by the police."
Judge Tolson had previously faced criticism six years ago for his "outdated" views on rape, which included asserting that a woman could not have been raped if she did not physically resist her partner.
His decision was overturned by Mrs Justice Russell in January 2020, leading to his resignation from his senior judge position in London.
The case attracted significant attention and prompted numerous MPs to express concern that Judge Tolson continued to preside over Family Court cases involving allegations of rape and domestic abuse outside London.
'Lost confidence'
A mother, referred to as Anna, sought to appeal Judge Tolson's March 2025 ruling from Reading Family Court at the High Court this week.
She contended that her ex-partner should have only very limited supervised contact with their three children.
Anna stated that over several years, the father had raped her, subjected her to emotional and verbal abuse, and attempted to strangle her.
At the time of the family court hearing, the police investigation was ongoing.
Judge Tolson conducted the final hearing and ruled that the family court did not need to await the police investigation's outcome or conduct its own inquiry.
The mother's barrister, Elisabeth Traugott, urged the judge to recuse himself from the case, citing his remarks as "aligned" with his earlier controversial comments.
Judge Tolson said: "I was criticised in that decision for my approach to the question of consent. I do not accept that criticism."
Judge Tolson resigned from his senior judicial role in London several years ago.
The barrister Charlotte Proudman stated that Judge Tolson's conduct "warrants urgent consideration" by the Judicial Conduct Investigations Office and the Lady Chief Justice.
She said: "I have represented women who have appeared before Judge Tolson, and it is evident that many have lost confidence in his ability to fairly deal with cases involving serious allegations of domestic abuse."
'Seriously flawed'
Judge Tolson's rulings have been overturned multiple times over the past six years.
In 2021, three senior judges found his approach to evidence "seriously flawed" in a case involving allegations of rape and abuse. Judge Tolson had described the mother as "deeply troubled" and "with mental health difficulties," rather than recognizing her as a victim of domestic abuse.
In 2024, the Court of Appeal again criticized Judge Tolson in a case involving domestic abuse allegations, where he allowed the father unsupervised contact with his children despite the claims.
In 2025, Mrs Justice Judd of the High Court overturned Judge Tolson's decision permitting a father to have unsupervised video contact with his children after he pleaded guilty to assaulting the mother and her family.
Many family court cases involve domestic abuse allegations. A recent report by the Domestic Abuse Commissioner, based on a limited sample, found that such issues were mentioned in nearly 90% of cases.
The government responded earlier this month, affirming its commitment to improving the experiences of those involved in private law proceedings where parents dispute over children, including victims of domestic abuse and other serious offenses.
