Government to Repeal Presumption of Parental Involvement in Family Law Cases
In a landmark decision, the Government has announced its intention to repeal the presumption of parental involvement from the Children Act 1989 — a significant step towards prioritising child safety and welfare in family court proceedings.
The change follows new evidence showing that the automatic assumption of contact with both parents can, in some cases, place children at further risk of harm, particularly in situations involving domestic abuse.
Placing Children’s Safety First
Under current law, courts operate on the principle that it is generally beneficial for children to have contact with both parents after separation. However, this “pro-contact” presumption has faced growing criticism for overshadowing cases where abuse or coercive control are present.
Deputy Prime Minister David Lammy emphasised that “every decision in the justice system will prioritise children’s safety, wellbeing, and their right to grow up free from harm.” The Government’s upcoming reforms will ensure that a child’s right to safety is treated as paramount in every case.
A Change Driven by Courage and Advocacy
This legislative shift has been heavily influenced by campaigner Claire Throssell MBE, whose two sons, Jack and Paul, were tragically killed by their father in 2014 following court-ordered contact. Her tireless campaigning, alongside organisations such as Women’s Aid, has been central in driving reform to better protect children and survivors of abuse.
Ms Throssell stated that although the change cannot undo the past, it will “give children further protection against preventable harm” and help prevent other families from suffering similar tragedies.
A Step Toward Safer Family Courts
The repeal forms part of the Government’s wider Plan for Change, which includes a review of family court practices and expansion of the Pathfinder court pilots. These pilots aim to improve how the family courts handle private law cases, especially those involving allegations of domestic abuse, by focusing on safety, early resolution, and minimising re-traumatisation for children and parents.
Women’s Aid welcomed the announcement, describing it as an “important first step” towards dismantling the deep-rooted culture of prioritising contact over safety. The organisation has urged the Government and judiciary to continue working closely with expert groups to ensure effective implementation of the reform.
What Does This Mean for Families?
Once enacted, the repeal will mean that courts no longer begin with a presumption that contact with both parents is in a child’s best interests. Instead, each case will be considered individually — with the court placing the child’s welfare, safety, and emotional wellbeing above all else.
In practice, this may lead to:
- Increased judicial scrutiny of cases involving domestic abuse or risk of harm.
- More flexible contact arrangements, including supervised contact, indirect communication, or no contact where appropriate.
- Greater confidence for survivors of abuse to raise safeguarding concerns without fear of being undermined by outdated legal presumptions.
RLE Law’s Perspective
At RLE Law, our family team welcomes this long-awaited reform and the renewed focus on protecting children and survivors in the family justice system.
We understand that every family situation is unique, and the legal issues surrounding child arrangements can be complex — particularly in cases involving allegations of domestic abuse or coercive control. We regularly support clients on both sides of these matters, including survivors seeking protection and individuals responding to allegations.
Our approach is non-judgmental and rooted in the belief that every person deserves fair, professional, and informed legal representation. In all cases, we focus on ensuring that children’s safety, emotional wellbeing, and best interests remain central.
If you have concerns about child arrangements, domestic abuse, or how these changes in the law may affect your case, our experienced family law solicitors are here to support you with clarity and compassion.
Contact RLE Law
To speak confidentially with a member of our Family Law team, please call 01656656861 opt 2