The Government has publicly announced two landmark reforms which will reshape the family justice system in England and Wales. They have stated that it will introduce the necessary legislation ‘as soon as parliamentary time allows’. While no fixed timetable has been announced, the reforms are expected to be introduced in Parliament in 2026. These changes represent a significant move towards placing children’s welfare and the protection of survivors of abuse at the centre of family law decision-making.
The End of the Parental involvement presumption
For over a decade, the Children Act 1989 has required courts to presume that ongoing involvement from both parents benefits a child’s welfare, unless evidence shows otherwise. While intended to promote shared parenting, this principle has faced sustained criticism for creating pro-contact culture. This culture prioritises maintaining parental contact, even in cases involving domestic abuse.
The Government has now confirmed that this presumption will be removed entirely. Prime Minister Starmer described the repeal as a necessary and overdue step, ensuring that the law no longer assumes that contact with both parents is in a child’s best interests. The announcement follows an over a decade-long campaign led by Claire Throssell, whose two sons were tragically killed by their abusive father during a contact visit ordered by the courts. Her unwavering activism has helped to highlight the risks posed by the pro-contact culture.
Under the impending reform, the courts will be able to assess each case on its unique facts, without the starting point being in favour of parental contact. As Baroness Levitt KC emphasises, “Being a parent is a privilege, not a right. The only right that truly matters is a child’s right to safety”. Judges will focus only on what arrangement best promotes a child’s wellbeing and safety. This represents a significant shift from a system that placed parental rights at the centre, and towards one that prioritises a child’s welfare above all else.
Automatic Removal of Parental Responsibility for Serious Sexual Offenders
As well as this change, the Government has confirmed that those who are convicted of serious sexual offences, particularly where rape has led to the conception of a child will automatically lose parental responsibility for that child. As it stands, victims of sexual violence who had children as a result of the assault were often forced to endure lengthy and distressing legal proceedings to prevent their abuser from seeking contact or parental rights. The new law will remove this burden entirely.
Under the proposed amendments to the Victims and Courts Bill, offenders convicted of serious child sexual offences not just offences against their own children will also automatically lose their parental rights. The restriction will take effect immediately upon sentencing, eliminating the need for separate applications through the family court. Minister Davies-Jones states ‘these reforms will shield both mothers and children from the heinous actions of predatory parents’.
A New Direction for the Family Courts
Together, these reforms mark one of the most significant shifts in family law for decades. Once implemented, judges will no longer begin with the assumption that contact with both parents is beneficial. Instead, courts will consider the specific circumstances of each case including the history of the parents’ relationship, the child’s emotional and physical safety, and any evidence of abuse or coercive control.
Campaigners have stressed that the success of these reforms will depend on how they are implemented in practice. Training for judges, magistrates, and family court professionals will be vital to ensure they fully understand the dynamics of domestic abuse and coercive control and place children’s safety at the centre of every decision.
What This Means for Parents and Families
If these reforms are enacted, there will no longer be an automatic assumption that a child benefits from spending time with both parents. Parents involved in disputes over child arrangements should therefore seek early legal advice to understand how this change may affect their case.
While courts will still encourage cooperative parenting where it is safe to do so, decisions will now be made on a case-by-case basis, guided by the Welfare Checklist in the Children Act 1989 but without the overarching presumption of contact.
If you are currently involved in child arrangements proceedings or are concerned about your child’s safety during contact with the other parent, it is essential to seek legal advice as soon as possible. Even under the current law, the court’s main concern remains the welfare of the child, and protective measures such as supervised contact or prohibited steps orders may be available
