Government to Repeal Presumption of Parental Involvement – A Step Towards Protecting Children from Abuse

The Government has announced plans to repeal the presumption of parental involvement from the Children Act 1989, in a landmark reform aimed at strengthening the protection of children involved in family court proceedings.

This decision follows compelling new evidence showing that the long-standing assumption—that it is always in a child’s best interests to have contact with both parents—can, in the most serious cases, expose children to continued abuse and harm.

Putting Children’s Safety First

Under current law, courts operate with a presumption that the involvement of both parents will further a child’s welfare, unless there is evidence to the contrary. Although safeguards exist, campaigners have long argued that the presumption has contributed to unsafe contact arrangements in cases where there has been domestic abuse.

By repealing this presumption, the Government aims to send a clear message that a child’s safety and wellbeing must always come before parental contact.

Deputy Prime Minister and Justice Secretary David Lammy said:

“Every decision I make in the justice system will prioritise children’s safety, their wellbeing, and their right to grow up free from harm… Being a parent is a privilege, not a right – the only right that matters is a child’s right to safety.”

The move comes as part of the Government’s broader Plan for Change — an initiative to protect victims, rebuild trust in the justice system, and ensure that every child has the best possible start in life.

The Campaign Behind the Change

This reform follows years of tireless campaigning by Claire Throssell, MBE, a survivor ambassador for Women’s Aid, whose children, Jack and Paul, were tragically killed by their abusive father in 2014.

Throssell and Women’s Aid have long argued that the presumption of contact places children at risk when one parent has a history of abuse. Her advocacy has been instrumental in prompting the Government’s review and the subsequent decision to repeal the presumption.

Ms Throssell said:

“Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live.

Successive governments have failed to protect children, standing by an outdated presumption that it is in a child’s best interests to have contact with both parents, even when there have been allegations of domestic abuse. Today’s announcement will give children further protection against preventable harm.”

A Wider Package of Family Court Reforms

Repealing the presumption is part of a wider package of reforms designed to make family courts safer and more responsive to the realities of domestic abuse.

Earlier this year, the Government expanded its Pathfinder Court pilot, which focuses on improving the experience and outcomes for families—particularly those affected by domestic abuse—through a more investigative and child-centred approach.

In addition, new measures announced this week will automatically restrict the exercise of parental responsibility in cases where an individual with parental responsibility has been convicted of a serious sexual offence against any child, or where a child is conceived as a result of rape.

What This Means for Family Law

For parents, practitioners, and the courts, the repeal of the presumption represents a significant shift in the approach to post-separation arrangements.

While courts will continue to assess each case individually, the focus will move firmly towards protecting children from harm rather than maintaining parental contact at any cost. This aligns with the existing legal principle that a child’s welfare is the court’s paramount consideration under the Children Act 1989.

It will remain open to courts to order supervised, indirect, or no contact where there are concerns about safety, ensuring that decisions are always tailored to the needs and best interests of each child.

A Turning Point in the Culture of Family Courts

Women’s Aid Chief Executive Farah Nazeer described the change as “long overdue”, calling the presumption an “archaic” provision that has endangered the lives of women and children. She emphasised that deeper cultural change within the family courts is still required, urging ongoing collaboration between the Government and expert organisations to implement the recommendations of the Harm Panel.

Our View at MHHP Law

At MHHP Law, we welcome this important step towards making the family justice system safer and more responsive to the needs of children.

Family law cases involving allegations of abuse are some of the most sensitive and complex matters our courts deal with. Removing the presumption of parental involvement will help ensure that children’s safety, wellbeing, and voice remain at the heart of every decision.

Our family law solicitor, Tayo Taylor, Partner is experienced in representing parents and carers in cases involving contact, residence, and safeguarding issues. We provide clear, compassionate advice and robust representation to ensure that the welfare of the child is always the primary focus.

If you have concerns about contact arrangements or issues of domestic abuse within your family, we can help.
Contact Tayo Taylor, Partner, for a confidential discussion at tayo.taylor@mhhplaw.com or on 020 3667 4783 or visit www.mhhplaw.com.