Image source, Getty
BySanchia Berg and Tara Mewawalla
A mother has successfully appealed against a decision made by Family Court Judge Robin Tolson KC, after he allowed her ex-partner – who was being investigated by the police for rape – overnight contact with their three young children.
The father had admitted domestic abuse, including violence and coercive control, and the mother had also claimed he had raped her.
On Monday High Court Judge Michael Keehan said that Judge Tolson had been wrong to dismiss “out of hand so serious an allegation that it was being investigated by the police”.
The case will now be reheard.
Judge Tolson was criticised six years ago for his “outdated” views on rape, which included saying that a woman could not have been raped because she did not physically resist her partner.
His decision was overturned by Mrs Justice Russell in January 2020, and he stepped down from his role as a senior judge in London.
The incident made headlines, and prompted dozens of MPs to express concern that Judge Tolson was still hearing Family Court cases involving allegations of rape and domestic abuse outside London.
‘Lost confidence’
A mother, who we are calling Anna, sought this week at the High Court to appeal Judge Tolson’s judgement from March 2025, when he was hearing her case in Reading Family Court.
She argued that her ex-partner should only have very limited supervised contact with their three children.
Anna said that the father had over several years raped her, subjected her to emotional and verbal abuse, and attempted to strangle her.
At the time of the family court hearing, police were investigating.
Judge Tolson held the final hearing and said the family court did not need to wait for the outcome of the police investigation, or carry out its own investigation.
The mother’s barrister Elisabeth Traugott called on the judge to step back from the case because his remarks “aligned” with earlier comments.
Judge Tolson said: “I was criticised in that decision for my approach to the question of consent. I do not accept that criticism.”
Image source, AVALON
Judge Tolson stepped down from his role as a senior judge in London several years ago
The barrister Charlotte Proudman said 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 decisions have been successfully appealed several times in the past six years.
In 2021, three very senior judges found his approach to the evidence “seriously flawed” in a case where a mother alleged rape and abuse. Judge Tolson had characterised the mother as “deeply troubled” and “with mental health difficulties”, rather than a victim of domestic abuse.
In 2024, Judge Tolson was again criticised by the Court of Appeal in a case involving allegations of domestic abuse. Judge Tolson had said that the father should have unsupervised contact with his children, despite the allegations.
In 2025, Mrs Justice Judd in the High Court overturned Judge Tolson’s decision to allow a father to have unsupervised video contact with his children, after he’d pleaded guilty to assaulting the mother and her family.
Many family cases involve allegations of domestic abuse. A recent report by the Domestic Abuse Commissioner, external based on a limited sample found that it was mentioned as an issue in almost 90% of cases.
The government responded earlier this month, saying that it was determined to take action to improve the experiences of those involved in private law proceedings where parents are fighting over their children, including those who are victims of domestic abuse and other serious offences.