The Government has announced a landmark reform to family law that will remove the long-standing presumption that it is always in a child’s best interests to have contact with both parents.
This change marks a significant and long-awaited step forward in strengthening the protection and the welfare of children involved in family court proceedings.
It also represents a long-awaited shift away from the so-called “pro-contact” culture that has, in some cases, placed the rights of parents above the protection of children.
What is changing to child safety?
Under the current law, introduced through an amendment to the Children Act 1989 in 2014, courts required that there must be a presumption that a child will benefit from having both parents involved in their life, unless there is clear evidence to the contrary suggesting otherwise.
While this principle was designed to support and encourage positive co-parenting, it has been widely criticised for limiting judicial discretion and in some cases, for allowing unsafe contact arrangements to continue, even where there were cases involving allegations of abuse.
Under the forthcoming reform, the legal presumption of parental involvement will be removed, giving judges greater flexibility to access each case on the specific circumstances.
Where there are concerns about domestic abuse or risk of harm, the courts will now be better equipped to restrict contact, order supervision or, in some cases, end contact altogether. This change will help ensure that the child’s safety and wellbeing takes precedence over any automatic assumption of parental involvement.
A wider commitment to child safety
This announcement follows the publication of a Government review that found the current approach could, in some situations, perpetuate abuse by prioritising parental contact over child welfare.
It follows on from the Government’s plan to extend restrictions on parental responsibility for child sex offenders, so that anyone convicted of child sexual offences against any child and sentenced to four years or more will automatically have their parental responsibility removed.
The restriction will also apply where a child has been conceived through rape and is seen as a vital step in strengthening the legal framework to protect vulnerable children.
These measures form part of a wider commitment to strengthening legal safeguards for vulnerable children.
Why this matters to families
For too long, many survivors of abuse have felt that the family court system does not adequately safeguard their children.
Removing this presumption is a crucial step toward restoring confidence in the process and ensuring that the welfare of children is not compromised by procedural assumptions.
How Mackrell LLP can help
Our Family and Relationship Team have extensive experience in handling sensitive and complex matters involving children, domestic abuse and child arrangements.
We work closely with clients to ensure that their rights are protected and that their children’s safety and wellbeing remain at the forefront.
If you are affected by these changes or need advice on child arrangements, parental responsibility or safeguarding issues, please contact our team today.
