A Historic Shift in Family Law Prioritising the Wellbeing of Children
The landscape of family law in England and Wales is undergoing a profound and long-overdue transformation. In a landmark move that has been widely welcomed by legal professionals, child welfare advocates, and survivors of domestic abuse, the UK government has confirmed plans to reform the Children Act 1989, placing child safety and wellbeing firmly above parental contact rights.
This reform marks a critical turning point in how family courts approach decisions involving children. For decades, the law has operated under the presumption that maintaining a relationship with both parents is in a child’s best interests, even in cases where there has been a history of abuse or harmful behaviour. While well-intentioned, this assumption has often led to unsafe outcomes.
The new reform signals a decisive shift: child safety comes first.
Understanding the Current Legal Framework
Under the existing provisions of the Children Act 1989, courts are encouraged to promote a child’s involvement with both parents unless there is clear evidence that such contact would place the child at risk of harm. In practice, this has meant that even in cases involving domestic abuse, coercive control, or emotional harm, courts have often leaned toward preserving parental contact.
This approach has been heavily criticised over the years. Survivors of domestic abuse, supported by charities and advocacy groups, have highlighted numerous cases where children were ordered to maintain contact with abusive parents, placing both children and protective caregivers at risk.
Despite safeguards being theoretically in place, the starting presumption of parental involvement has too often overshadowed concerns about safety, trauma, and long-term wellbeing.
Why Reform Was Urgently Needed
Numerous reports, inquiries, and real-life cases have demonstrated that the existing system has failed to adequately protect vulnerable children. The presumption of contact has sometimes resulted in:
1. Children being exposed to ongoing emotional or psychological harm
2. Survivors of domestic abuse being retraumatised through court proceedings
3. Unsafe contact arrangements being enforced despite credible evidence of risk
4. A lack of understanding of coercive control and post-separation abuse
These outcomes have not only undermined public confidence in the family justice system but have also had devastating consequences for affected families.
The call for reform has grown louder over recent years, culminating in what many now describe as a historic and potentially life-saving legislative shift.
The Landmark Decision: Removing the Presumption of Parental Involvement
Following this landmark development, the government has confirmed plans to remove the presumption of parental involvement from the Children Act 1989.
This means that family courts in England and Wales will no longer automatically assume that contact with both parents is in the child’s best interests.
Instead, judges will be required to:
1. Assess each case on its individual facts
2. Consider evidence of harm, abuse, or risk without bias
3. Prioritise the child’s physical, emotional, and psychological wellbeing
4. Make decisions based on safety rather than parental entitlement
This shift represents a fundamental change in judicial approach—moving away from default assumptions and toward evidence-based, child-focused decision-making.
A Child-Centred Approach to Justice
At the heart of this reform is a simple but powerful principle: children are not possessions, and parental involvement is not an automatic right.
Under the new approach, each parent will need to demonstrate their ability to provide a safe, nurturing, and stable environment before being granted time with the child. This places responsibility where it belongs—on the adult to prove suitability, rather than on the child to endure risk.
This child-centred framework aligns more closely with modern understandings of child development, trauma, and safeguarding. It acknowledges that:
1. Exposure to abuse, even indirectly, can cause lasting harm
2. Emotional and psychological safety is as important as physical safety
3. Children’s voices and experiences must be taken seriously
Protection for Survivors of Domestic Abuse
One of the most significant impacts of this reform is the enhanced protection it offers to survivors of domestic abuse and their children.
Historically, many survivors have reported feeling re-victimised by the family court process, where allegations of abuse were minimised or treated as secondary to maintaining parental contact. In some cases, abusers have used the court system as a tool of continued control.
By removing the presumption of parental involvement, the reform helps to:
1. Reduce opportunities for post-separation abuse
2. Validate the experiences of survivors
3. Ensure that allegations of harm are properly examined
4. Prevent unsafe contact arrangements
This change has been described by campaigners as not just progressive, but essential for saving lives.
The Role of Judicial Discretion and Evidence
Under the reformed framework, judges will be required to exercise greater discretion and responsibility. Each decision must be grounded in clear evidence, professional assessments, and a holistic understanding of the child’s needs.
Judges will evaluate factors such as:
1. The presence or history of domestic abuse
2. Emotional, psychological, or physical harm
3. The child’s expressed wishes and feelings
4. Each parent’s capacity to provide stability and care
This approach ensures that decisions are tailored, fair, and focused on outcomes rather than ideology.
The Call for Specialist Judicial Training
While the legislative reform is widely welcomed, many experts stress that law reform alone is not enough.
To ensure meaningful and consistent change, there is a strong call for mandatory, specialist training for judges and family court professionals. This training would focus on:
1. Understanding domestic abuse dynamics
2. Recognising coercive control and subtle forms of harm
3. The long-term impact of trauma on children
4. Challenging outdated cultural assumptions about parenting
Without proper training, there is a risk that old habits and biases could persist despite the new legal framework. For the reform to achieve its full potential, the cultural shift within the courts must match the legislative intent.
Implementation: What We Know So Far
At present, there is no confirmed date for when the reform will be fully implemented. However, the government’s commitment to change has sent a clear message to the legal community and the public alike.
Even before formal implementation, the reform is already influencing discussions, expectations, and best practices within family law.
The message is clear: child wellbeing is no longer secondary, it is paramount.
Why This Reform Matters for the Future
This landmark change represents more than a legal amendment; it reflects a broader societal shift in how we view children’s rights and safety.
By prioritising child welfare over parental assumptions, the family justice system moves closer to:
1. Upholding the best interests of the child in practice, not just in principle
2. Protecting vulnerable families from harm
3. Building trust in legal processes
4. Ensuring safer outcomes for future generations
It acknowledges that every child deserves to grow up in a safe, supportive environment, free from fear and harm.
Conclusion: A Welcome and Necessary Shift in Family Law
The removal of the presumption of parental involvement from the Children Act 1989 marks a watershed moment in family law. It signals a long-overdue recognition that child safety must always come first. While challenges remain, particularly around training and implementation, the direction of travel is clear and encouraging.
This reform has been described as historic, life-saving, and transformative and for many families, it offers renewed hope for a system that truly protects its most vulnerable members. As the family law arena continues to evolve, one principle now stands firmly at its core.
When it comes to children, safety is not negotiable, it is paramount.