Parents in England and Wales face a significant shift in how the family court approaches child contact.
The Government has announced plans to remove the legal presumption that ongoing involvement of both parents is usually in a child’s best interests. The focus will be squarely on safety and welfare in each case.
What’s changing?
Until now, family courts have generally begun with the assumption that children should spend time with both parents, unless there is convincing evidence that such contact would be harmful.
Under the new reform, that presumption will be removed. Instead, courts must look at each case on its own merits, without biasing themselves toward contact merely because both parents are alive.
In other words, spending time with children is not guaranteed. A parent seeking contact will need to show that it is safe, beneficial, and consistent with the child’s welfare.
Why the change is happening
- The “pro-contact culture” has long been criticised for inadvertently placing children at risk, especially in families with domestic abuse or coercive behaviour.
- Many parents and survivors have argued that, under the old system, abusive parents sometimes secured contact orders despite evidence of harm.
- The new law aims to put children’s safety and wellbeing at the centre, rather than assuming contact is automatically good.
What it might mean for your case
- If you are applying for contact, you will now be expected to provide clear evidence that contact is safe and in the child’s best interests.
- As a parent, you may no longer need to fight the bias of a default presumption in court.
- Courts will look more closely at past behaviour, reports of abuse, risk assessments, and the child’s voice and needs.
- In contested cases, expert evidence, social work reports, and family court guidance will carry significant weight.
What should parents do now?
- Seek specialist legal advice. Laws are changing, so having a solicitor familiar with family law and domestic abuse is more important than ever.
- Gather evidence. Any record of abuse, coercion, threats, or concerns (police reports, medical records, witness statements) will help.
- Focus on the child. In your applications, centre your arguments on the child’s welfare, emotional safety, stability, and needs.
- Be realistic about expectations. Contact may still be granted when safe and appropriate, but the burden is higher: it must be earned, not presumed.
- Use independent reports. Expert assessments (therapists, children’s services, safeguarding reports) may strengthen your case.
The shift in law is a meaningful move to reduce risk and better align family court decisions with children’s rights, rather than defaulting to contact without sufficient scrutiny.
Moving forward with confidence
Navigating changes in family law can feel daunting, especially when the stakes are so personal. The repeal of the presumption of parental involvement marks a decisive shift towards child-centred justice. It places your child’s safety, wellbeing, and unique needs at the heart of every decision.
If you are facing uncertainty, remember, you are not alone. Our experienced family law team stands ready to guide you through every step, offering clear advice, practical solutions, and unwavering support. We have helped countless families find clarity and security in challenging times, and we are here to do the same for you.
Reach out today for a confidential conversation with a team that listens, understands, and acts in your best interests.
Your child’s future deserves nothing less than clarity, protection, and hope. Let us help you secure it.
