A major change in family law has been announced, and it’s being described as a victory for children and survivors of domestic abuse. The government has confirmed that the presumption of contact with both parents will be removed from the Children Act 1989.
This means that courts in England and Wales will no longer automatically assume that children should have a relationship with both parents. Instead, judges will look at each case individually and make decisions based on what is truly in the best interests of the child.
Why This Matters
For many years, campaigners have warned that the “pro-contact” culture in family courts could place children at risk. Survivors of domestic abuse often felt pressured to agree to unsafe contact arrangements, while judges were bound by a starting assumption that both parents should be involved.
Under the new reform, that assumption will be removed. Judges will now focus on safety, welfare, and evidence from the start, rather than having to justify why contact should be limited. This marks a meaningful cultural shift towards a child-centred approach.
A Step Forward for Survivors
Legal professionals, charities, and survivors have welcomed the change.
Dr Charlotte Proudman called it “a victory for children’s rights, for survivors, and for justice.”
Women’s Aid CEO Farah Nazeer described the decision as “a complete re-orientation of how family courts work.”
For many families, this change could mean a safer, fairer process when domestic abuse is involved. It’s a recognition that the right to contact must never outweigh the right of a child to be protected from harm.
What It Means for Families and Practitioners
The reform will affect how family law professionals prepare and present cases. Lawyers and advisors will need to consider:
- The removal of the automatic presumption of parental involvement.
- The greater emphasis on risk, welfare, and the child’s voice.
- There is a need for clear evidence when contact is in dispute.
It also highlights the importance of proper training for judges and court professionals to recognise the signs and impact of abuse.
Keeping Children’s Safety at the Heart of Every Decision
While this change will not solve every issue in the family court system, it represents real progress. It gives judges more freedom to protect children and allows survivors to be heard without fear that the system will automatically side against them.
At KMC Legal & Finance, our family law team is committed to helping clients navigate these new changes with understanding, clarity, and care. Whether you’re seeking guidance on how the reform may affect your case or need advice on child arrangements in the context of domestic abuse, we’re here to help.
📞 Contact our Family Law team today to discuss your situation in confidence. 0800 9494 667
