Family Courts to Remove Presumption of Parental Contact: What This Means for Your Family

Children deserve safety above all else.

Most people believe family courts always prioritise what’s best for children. But sometimes, the system gets it wrong.

A Landmark Change in Family Law

The UK government has announced plans to repeal the presumption of parental involvement from the Children Act 1989. This change marks a significant shift in how family courts approach child arrangement cases, especially those involving allegations of abuse.

For years, family courts have operated under the principle that children benefit from having both parents involved in their lives after separation. While this sounds reasonable in theory, in practice it has sometimes led to dangerous situations where children were placed at risk.

Why This Change Matters

As family law solicitors with 20 years of experience, we have seen firsthand how the current system can sometimes fail vulnerable children and parents.

The existing law includes safeguards meant to restrict parental involvement where it might harm a child. However, these protections haven’t always worked effectively.

New evidence published by the Ministry of Justice shows that automatically assuming contact with both parents is beneficial can sometimes perpetuate abuse in the worst cases.

The Story Behind the Change

This reform follows years of campaigning by Claire Throssell, whose sons Jack and Paul were tragically killed by their abusive father during court-ordered contact. Despite Claire’s warnings about the danger he posed, the family court granted him unsupervised access to the children.

Deputy Prime Minister David Lammy acknowledged Claire’s “relentless advocacy for children’s safety” as instrumental in bringing about this vital change.

What This Means for Families

The repeal doesn’t mean that children won’t have relationships with both parents after separation. Instead, it means that courts will no longer start with the assumption that contact is always beneficial.

Each case will be assessed on its individual merits, with the child’s safety and wellbeing as the paramount consideration.

If a parent is thought to present a risk to their child, the court can still restrict involvement through:

• Supervised contact
• Limited communication (such as letters or calls)
• No contact at all in the most serious cases

Additional Protections

Alongside this change, the government has also announced plans to automatically restrict parental responsibility in cases where:

• A person has been convicted of serious sexual offences against any child (with sentences of four years or more)
• A child was conceived through rape

These measures form part of the government’s broader mission to halve violence against women and girls within a decade.

What Experts Are Saying

Women’s Aid Chief Executive Farah Nazeer welcomed the decision, stating: “This archaic presumption has put the lives of women and children at risk for far too long, and this must stop now”.

However, she also noted that this is just the first step in addressing the “pro-contact culture” deeply rooted in family courts. Comprehensive action is needed to overturn dangerous attitudes that put children at risk.

Justice Minister Baroness Levitt KC emphasised: “Being a parent is a privilege not a right: the only right which matters is a child’s right to safety”.

What Happens Next?

The Ministry of Justice has stated it will legislate to repeal the presumption of parental involvement “when Parliamentary time allows.” While no specific timeline has been given, this change represents a significant shift in family law philosophy.

How Fulford Legal Services Can Help

As experienced family law solicitors and accredited mediators, we understand the complexities of navigating child arrangement cases, especially those involving allegations of abuse.

If you’re concerned about how these changes might affect your situation, we can provide:

• Clear guidance on the current law and upcoming changes
• Advice tailored to your specific circumstances
• Support in putting your child’s welfare first
• Representation that prioritises safety and wellbeing

Every family situation is unique. What matters most is ensuring children are protected while maintaining meaningful relationships with parents who can provide safe, loving environments.

Get in Touch

If you’re navigating a separation or have concerns about child arrangements, contact Fulford Legal Services for compassionate, expert advice that puts your children’s welfare first.

Call 01904 862176 or email fulfordlegalservices@outlook.com to arrange a consultation.

This blog post reflects information available as of October 2025. The legal landscape may change as legislation progresses through Parliament. Always seek up-to-date legal advice for your specific situation.