A New Chapter for Children’s Welfare in Family Courts
Posted on in Family Law
The government has announced a groundbreaking change to family law in England and Wales: the repeal of the presumption that children should have contact with both parents, as previously set out under the Children Act 1989. This move marks a significant shift in family court practice, particularly in cases involving domestic abuse, placing the safety and wellbeing of children firmly at the centre of decision-making.
Background
The Family Courts in England and Wales have long been operating under legal guidance as set out in the Children Act 1989 that a child will benefit from having both parents involved in their lives unless there is evidence that a parent could put the child at risk. While well-intentioned, this “pro-contact culture” has often placed children and survivors of domestic abuse at risk, with parental concerns frequently dismissed as “alienation.” Reports and case studies have repeatedly shown that prioritising parental contact without sufficient scrutiny can perpetuate harm to children.
The government’s decision follows recommendations from its own harm panel, which concluded that the presumption was “not fit for purpose” and required urgent reform. The repeal means that courts will now assess each case individually, considering the evidence presented and prioritising the child’s welfare above assumptions of parental involvement.
Claire Throssell, MBE, survivor ambassador of Women’s Aid, was a key campaigner in this area. Her two sons were killed by their father in 2014 despite her presenting the family court with evidence he had made threats to kill both her and the children. She comments:
“For almost a decade, Women’s Aid and I have worked together, campaigning to change the family courts and improve laws, to ensure that children at risk of further harm from abusive parents have a brighter, safer future, free from fear and oppression. Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live”
Our Perspective
At Tozers, we welcome the government’s decision to repeal the presumption of parental involvement. This change is a pivotal moment in family law, ensuring that courts focus on what truly matters: the safety, wellbeing, and voice of the child.
Our experience in representing clients in family proceedings has consistently demonstrated the risks posed by a blanket assumption of parental contact, particularly in cases of domestic abuse. We have seen first-hand how survivors raising legitimate concerns have been accused of alienation, while children have been placed in situations that compromised their safety.
Repealing this presumption is a vital step towards a more evidence-based, child-focused approach in family courts. It ensures that parental contact is no longer automatically assumed but must be considered in the context of each child’s circumstances. The reform also sends a clear message that abusive behaviour cannot be tolerated and that children’s welfare will always take precedence.
Looking Ahead
While this legislative change is a landmark achievement, it is only part of the solution. Proper training for judges and practitioners is essential to ensure the principles behind the repeal are effectively applied, and that courts maintain a consistently child-focused approach.
At Tozers, we will continue to advocate for our clients and support any changes to the law that improves safeguarding of children and supports survivors of domestic abuse, helping to ensure that family law reflects the reality of the risks children may face and the importance of prioritising their welfare above all else.