Landmark Family Law Reform Prioritises Child Safety Over Parental Contact

Created: 10 November 2025

Family courts in England and Wales will no longer operate on the assumption that maintaining contact with both parents is in the child's best interests. The government has confirmed plans to remove the presumption of parental involvement from the Children Act 1989, in what campaigners have described as a historic and life-saving reform.

The change, which will be enacted “when parliamentary time allows,” represents a decisive shift away from the long-standing “pro-contact culture” within the family courts, a system many critics say has placed the rights of abusive parents before the safety and welfare of children.

Moving beyond automatic contact

Under current legislation, courts are guided to promote relationships with both parents unless there is clear evidence of harm. However, multiple reviews and reports have found that this principle has often led to unsafe decisions, including cases where unsupervised or overnight contact was granted, despite a history of domestic abuse.

With the presumption removed, judges will be required to evaluate each case individually, determining decisions on evidence and prioritising the child’s wellbeing and safety rather than starting from a default assumption about parental involvement.

A victory for children’s rights and safety

Advocates for reform have welcomed the decision as a critical change in the protection of children and survivors of domestic abuse. They argue that ending the automatic presumption of contact will ensure that parents must demonstrate they can provide a safe and nurturing environment before access is granted.

Campaigners say the change sends a clear message that a child’s welfare is paramount, and that the courts should no longer be used as a mechanism for abusive parents to continue exerting control after separation.

The reform follows decades of pressure from domestic abuse organisations and survivors, many of whom have reported being disbelieved, silenced, or accused of “parental alienation” when raising safety concerns in family court proceedings.

Preventing further tragedy

The push for reform has been driven by numerous cases in which children were harmed or killed following court-ordered contact with abusive parents. In some instances, courts granted access despite clear warnings about the risk of violence. Supporters of the new approach believe that removing the presumption will prevent similar tragedies and lead to safer outcomes for children nationwide.

Legal experts have described the reform as a crucial step in rebalancing family law to focus on protection, welfare, and the voice of the child. Research has repeatedly shown that the presumption of contact has often operated as a barrier for victims, making it harder to prove that limiting or denying contact is in a child’s best interests. The repeal is expected to ensure that contact must now be earned through demonstrated safe behaviour, rather than assumed by law.

Training and implementation are needed

While widely celebrated, the change is not seen as a complete solution. Experts have emphasised the need for mandatory and specialist training for judges to ensure the cultural shift in the courts matches the legislative reform. Without such training, there is a concern that the attitudes and practices that enabled unsafe decisions may continue.

Advocacy groups also stress that the family justice system must become more transparent and accountable to guarantee that the reform delivers its intended impact.

A new direction for family justice

The elimination of the presumption of parental involvement represents one of the most significant changes to family law in decades. By placing the safety, welfare, and voices of children at the centre of court decisions, it promises to reshape the way the justice system handles family disputes, ensuring protection, not parental entitlement, becomes the essence of every ruling.