Family Law Reform: parental contact for children is set to change

The UK government recently announced changes to family law that will remove the presumption that contact with both parents is always in a child's best interest.

In a pivotal moment for family law in England and Wales, the Ministry of Justice will repeal the long-standing “presumption of parental involvement” in child contact cases.

This law reform recognises that a child’s contact with both parents can be harmful in families with a history of abuse and should allow quicker action to restrict a child’s contact with abusive parents.

What has changed?

The presumption of parental involvement was inserted into legislation by the Children and Families Act 2014, which amended section 1 of the Children Act 1989. Since the introduction, courts have worked under the automatic assumption that it was in the best interests of children to have contact with both parents.

While well-intentioned, critics claimed it overlooked the risks posed by abusive parents.

The Ministry of Justice’s recent presumption of parental involvement review removes this default position. When the new law comes into force, courts will be required to assess each case individually, with child welfare and safety at the centre of decisions.

Why was this reform needed?

Research has shown that domestic abuse is alleged in almost 90% of private family law cases. Survivors and advocacy groups have long argued that prioritising child contact with both parents by default allows abusive parents to misuse the family justice system to continue control and coercion, in the worst cases.

The repeal is a key part of the UK Government’s Plan for Change mission, aimed at breaking down barriers to opportunity and giving every child the best start in life.

Ben Evans, Lead Family Law Solicitor at Co-op Legal Services said: “This is an important step in safeguarding children and protecting victims of domestic abuse, and I welcome the efforts made by the government to place child welfare first.” He adds “If there is a commitment to increase resources and ensure it is effectively implemented in practice, this could prove a significant step in protecting those who are most vulnerable in society.”

What is parental involvement?

In family law, parental involvement means any way a parent takes part in their child’s life, either directly, like face-to-face visits, or indirectly, such as sending letters or gifts.

It will be up to the court to decide whether a parent’s involvement in a child’s life should be limited, based on what’s best and safest for each child.

Additional safeguards introduced

The government has also introduced amendments to the Victims and Prisoners Bill that automatically restricts parental responsibility for individuals convicted of rape that results in the birth of a child. These restrictions will apply without the need for a separate family court order, unless a judge determines that an exception is necessary.

Similar restrictions will apply to other serious sexual offences against children, with the aim of preventing convicted offenders from exerting parental rights over vulnerable children.

A step forward

The reform is a major milestone, but experts warn it must be backed by adequate funding and infrastructure so that these changes lead to improved safeguarding and family justice.

The Ministry of Justice will legislate to repeal the presumption of parental involvement when Parliamentary time allows, with the change applying to private law cases in England and Wales once enacted.

If you’re affected by these changes or unsure how they might impact your family, our experienced family law solicitors are here to help.