‘Momentous’ change to family courts aims to keep children safe from abusive parents

Content warning: This story contains references to domestic abuse and rape.

The family courts should no longer operate on the presumption that a child should have contact with both parents following a “momentous” decision intended to improve the safety of children.

The move marks a landmark victory for campaigners and survivors who have been calling for an end to the family courts’ so-called “pro-contact” culture. They say it has placed the rights of abusive parents over the wellbeing of children.

The government announced yesterday that it will scrap the legal presumption “as soon as parliamentary time allows” for courts in England and Wales. This follows the publication of a long-awaited review, which said that prioritising contact over all other considerations can perpetuate child abuse.

It comes after research published last week revealed domestic abuse features in nine out of ten private law family cases, with children being sent to stay with a potentially unsafe parent in more than half of those.

“The presumption of parental involvement embeds the pro-contact culture in the family court,” explained Olive Craig, senior legal officer at the legal charity Rights of Women. “It dilutes the court’s ability to focus on the welfare of children. Instead the court prioritises children’s contact with perpetrators of domestic abuse and sexual violence.”

The announcement coincides with the anniversary of the deaths of Claire Throssell’s sons, Jack and Paul, who were killed 11 years ago by their abusive father during a contact visit ordered by the family courts. A judge granted Darren Sykes unsupervised contact with the boys despite Throssell’s repeated warnings that he was a danger.

Throssell, a survivor ambassador for the charity Women’s Aid, said: “Successive governments have failed to protect children, standing by an outdated presumption that it is in the child’s best interests to have contact with both parents, even when there have been allegations of domestic abuse.

“We have campaigned tirelessly to have this presumption removed from the family law and practice because until this narrative changes more children like Jack and Paul will continue to die.”

Justice secretary David Lammy said Throssell had been “instrumental in bringing about this vital change”.

“We are rebuilding trust in our justice system by putting victims first and ensuring that the protection of children is never compromised,” he said.

Lammy added that if parents are thought to present a threat to their child’s safety, involvement in their lives can be restricted by the courts. A judge could order supervised contact, that their involvement is limited to written communication or that there should be no contact at all.

Women’s Aid said the “momentous decision” ushered in a new era of hope for countless women and children whose abusers have historically used the courts system as a means of continuing their abuse.

The charity’s chief executive, Farah Nazeer, added: “Changes to the presumption are an important first step but with the existing ‘pro-contact’ culture being deep-rooted in the family courts, comprehensive action needs to be taken to overturn these dangerous attitudes and beliefs that are putting lives at risk.”

The presumption of parental involvement is a legal principle introduced to family law in 2014 through an amendment to the Children’s Act 1989. It means the courts must presume, unless the contrary is shown, that a child will benefit from having both parents involved in their lives following a separation or divorce.

The law includes safeguards to restrict involvement of a parent in a child’s life if it would put them at risk of harm. However, repeated evidence has shown this caveat has failed to protect children.

In August 2024, the Bureau of Investigative Journalism reported on a case where a serial rapist was granted unsupervised contact with his young daughter.

Charlotte Proudman, a family barrister and co-director of Right to Equality, said she has seen cases where fathers found to be paedophiles and rapists have gained access to their children. She said repealing the presumption “sends a clear message: children’s welfare will always be the priority and parents who undermine their welfare cannot use the system to continue to perpetrate harm.”

Warnings that the legal presumption and a “pro-contact culture” were putting children at risk of domestic abuse were made published in a 2020 report. The government at the time commissioned a review of the presumption which was finally published last night.

Justice minister Baroness Levitt KC said: “The horrors of domestic abuse can scar a child for life. It is apparent from our research that the presumption of parental involvement can, in some cases, lead to contact being ordered even in cases where there has been domestic abuse.

“Being a parent is a privilege not a right: the only right which matters is a child’s right to safety.”

The news follows an earlier announcement on Monday that the government will widen the scope under which parental responsibility can be restricted for child sex offenders.

Previously a person would only be stripped of their parental responsibilities if they had been convicted of serious sexual offences against their own child. But the narrow approach left other children at risk.

Now the government has extended the restriction so that anyone convicted of child sexual offences – against any child – carrying a sentence of four years or more will automatically have their parental responsibility removed. The restriction will also apply where a child has been conceived through rape.

Claire Waxman, victims’ commissioner for London said it was “significant week” for victims in the family justice system. “These announcements represent huge steps forward in protecting victims and children.” She added that the announcements must now be followed by “swift legislation”.