Children’s wellbeing and safety are at the centre of the most significant reforms to family law in decades, as the government announced plans to repeal the presumption of parental involvement being in a child’s best interests.
The changes to the Children Act 1989 signal a major shift in the approach being taken by the family law courts, especially in cases where there are concerns about domestic abuse.
Anna Patterson, Legal Director in Thrings’ Family team, takes a look at the reforms and why they are significant.
What is changing – and why?
Under the current law, the courts operate on the presumption that a child’s best interests are served by having contact with both parents, wherever safe and possible. While well-intentioned, this has often led to situations where contact arrangements were prioritised over the child’s safety and wellbeing.
The government now intends to remove that presumption altogether. Instead, the guiding principle will be that a child’s welfare and protection from harm must come first – even if that means limiting or preventing contact with one parent.
This change comes in response to long-standing concerns from family lawyers, charities, and campaigners who have seen the damaging consequences of the existing approach. Too often, survivors of domestic abuse have found themselves forced to maintain contact with an abusive ex-partner, or to allow contact between their child and that parent, because of the legal assumption that such contact was in the child’s best interests.
The government has recognised that this presumption, though designed to support co-parenting, can in fact create injustices and expose families to further harm.
Protecting victims: What are the wider reforms?
Alongside repealing the presumption, the government has announced a series of additional reforms designed to strengthen protections for children and parents experiencing abuse. These include:
- Tougher rules around contact arrangements where there is evidence of harm, ensuring that safety is always the court’s top priority.
- Improved training for judges and professionals working in the family courts, helping them to identify and respond to signs of domestic abuse more effectively.
- Closer scrutiny of applications for contact made by abusive parents, to prevent the court process being misused as a means of continuing control or intimidation.
- Greater support for victims, including ensuring their voices are properly heard in proceedings.
These reforms aim to make the family court system a safer and more balanced environment — one that prioritises protection and wellbeing over presumption.
Why this matters
For many families, this is a long overdue change. The removal of the presumption of parental involvement sends a clear message: a child’s welfare must always come before parental rights.
At its heart, this is about giving judges the space and discretion to look at each case individually, without being constrained by a one-size-fits-all assumption about contact. It means that parents who have suffered abuse – and their children – should no longer feel compelled to agree to unsafe arrangements simply to satisfy a legal presumption.
Anna Patterson, Legal Director in Thrings’ Family team, said: “This is an absolute and fundamental shift in how the courts approach child welfare. For too long, the presumption of contact has led to situations where parents and children have been left vulnerable to further harm.
“At Thrings, we’ve seen clients feel forced into unsafe agreements or face repeated applications from abusive ex-partners who use the court system as a means of control. Removing this presumption will help ensure that the focus returns to where it should always have been – the safety and welfare of the child.
“While it is not yet clear when these reforms will come into force, the direction of travel is clear – towards a more protective, welfare-led approach. In the meantime, any parent experiencing abuse or with concerns for their child’s safety,— should seek immediate legal advice.
“Speaking to a family solicitor early can help ensure that protective measures are in place, such as non-molestation or prohibited steps orders, and that any court proceedings prioritise safeguarding above all else.”
Thrings Family lawyers are experienced in all areas of the law that are close to home. Whether it is marriages and pre-nuptial agreements, or divorces and separations, they will put your best interests first, taking the time to get to know you so that you are supported with sound advice tailored to your needs. To find out more, get in contact.
