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.